CAIRO — A court ruling Monday raised the possibility of jailed ex-president Hosni Mubarak walking free soon, a move that would fuel the unrest roiling the country after the autocratic leader’s successor was removed in a military coup.
Mubarak, 85, has been in detention since April 2011, two months after he was ousted in a revolution against his rule.
He was found guilty and sentenced to life in prison last year for failing to stop the killing of some 900 protesters in the 18-day uprising. His sentence was overturned on appeal and he is now being retried, along with his security chief and six top police commanders.
Two judicial officials said Mubarak could walk free this week or next after a criminal court Monday ordered his release in a corruption case in which he and his two sons were accused of embezzling funds for the maintenance of presidential palaces. His sons were ordered kept in custody.
Monday’s ruling, along with the fact that Mubarak was previously ordered released in the killings of the protesters opened the possibility of freedom for the former president, the officials said, speaking on condition of anonymity because they were not authorized to speak to the media.
There will no longer be any grounds to hold him if a court accepts a petition by his lawyer requesting his release in a third case later this week or next.
Many analysts, however, expressed skepticism, saying the political cost of freeing the former leader, who was widely hated for widespread abuses and repression during his 29 years in power, could keep him in jail.
Leading rights campaigner Nasser Amin and rights lawyer Hoda Nasrallah said they did not expect Mubarak to be released, citing the country’s delicate political and security situation as well as past incidents when authorities brought up new allegations to prevent his release.
Amin complained that Egypt’s penal law, which dates to the 1930s, has no adequate provisions to allow the conviction of perpetrators of crimes like ordering or failing to prevent the killing of protesters.
Already, the overwhelming majority of court cases brought against policemen charged with killing protesters ended in acquittals or suspended sentences.
“His release or detention will be a decision that weighs political and security conditions in the country,” said Nasrallah.
Freeing Mubarak during one of the worst bouts of turmoil since his ouster would be a huge risk for the military-backed government. It could lend credibility to allegations that the mass protests that preceded the July 3 coup that toppled Egypt’s first democratically elected leader were the work of Mubarak-era figures searching for a way to reinstate the former regime.