Egypt - As the former President of Egypt, Hosni Mubarak, was wheeled in a cage dressed in a white prison uniform to face trial for acts of corruption and allegedly ordering the killing of anti-government protestors, it left me wondering if his trial is not just a manifestation of victor's justice. Once seen as a powerful leader of the Arab world, Mubarak's trial symbolises the intolerance of gross human rights violations committed by past regimes against their citizens and an acknowledgment that the new government is concerned about past human rights violations suffered by victims. With Mubarak's trial, the new government is condemning human rights violations and communicating to the public the need to redress wrongs committed by past regimes.
If Mubarak is convicted, alleged victims will see his conviction as a manifestation of justice being done and the wrongs committed against them being addressed. It will also serve as a deterrence to future leaders from committing human right violations and corrupt acts, thereby ending the culture of impunity among dictators.
However, what needs to be asked is whether the new government is prosecuting Mubarak as a demonstration of victor's justice or using his prosecution as a show trial to win approval from its citizens.
Prosecuting past leaders poses a big threat to new governments, especially if past leaders still have support in the country and this may cause instability within the country and fail to bring sustainable peace. Supporters of past leaders may frustrate future actions of the new government which may be a drawback on development.
The new government, therefore, has a big task to prove to its citizens and the world at large that Mubarak's prosecution is not a manifestation of victor's justice but one meant to promote justice, rule of law and accountability.
The new government should, alongside prosecutions, consider setting up commissions of inquiries to further investigate the allegations against Mubarak and establish the entire truth relating to the allegations. Trials may not disclose all the relevant information needed to fully understand the why and how.
The government of Egypt should, therefore, promote reconciliation and sustainable peace within the country; they should learn from the past mistakes of the former regime and seek to do better. If not, it will fail in its fundamental duty to promote democracy, the rule of law and good governance.
Brenda Akia - Ms Akia is a scholar at the University of the Western Cape, South Africa
The Monitor/08/08/2011
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