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Egypt's former dictator Hosni Mubarak could be freed on Thursday

Mubarak's release risks inflaming Egypt conflict

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An Egyptian court has ordered the release of Hosni Mubarak, the imprisoned former leader, threatening to worsen the country's already severe internal conflict.

At a hearing at the sprawling Torah Prison in southern Cairo, judges said that there was no longer any reason to hold Mubarak. He faces a retrial on charges of complicity in the killing of hundreds of protesters in the uprising that led to his downfall, but the term limit for remand in custody in that case has expired. His release on bail in a second case, for embezzlement, on Monday left only a third, and minor, charge of receiving illegal gifts while in office under which he could be held. 

Mubarak did not walk free immediately, pending final release procedures. On leaving the prison yesterday afternoon, Fareed El-Deeb, his lawyer, said: "The court decided to release him." Asked when, he said: "Maybe tomorrow".

Mubarak was arrested in April 2011, two months after he quit his presidential office and fled to his home in Sharm el-Sheikh. He was found guilty of failing to stop the killings of 846 protesters after a chaotic series of hearings. That verdict was later quashed and a retrial ordered, but prisoners can only be held on remand for two years in Egypt.

Supporters of the interim authorities, who last month deposed the Muslim Brotherhood president, Mohammed Morsi, say that Mubarak's release is a technical, legal issue answering petitions already posted by his lawyers.

The role of the judiciary in the period after the 2011 revolution is key to the often violent conflicts between the Muslim Brotherhood and other factions in Egyptian politics. The organisation accused a number of judges of being "remnants" of the old regime and trying to stymie its own "legitimate" democratic rule. They will claim that Mubarak's release, combined with the transfer to the same prison of large numbers of Brotherhood leaders rounded up since their protest sit-ins were forcibly cleared last week, shows the military have simply returned Egypt to where it was before the revolution.

A senior Brotherhood spokesman, Mourad Ali, became the latest leader to be arrested yesterday, when he was prevented from leaving the country at Cairo airport. The ruling also angered representatives of families of those killed in the revolution that overthrew Mubarak. "What is happening now is a natural precursor to the release of Mubarak," said Nasser al-Askalani, one of the lawyers acting for families.

As the judges made their ruling, Europe's foreign ministers met in Brussels to decide the European Union's response to the violent crackdown on the opposition protests last week, in which more than 1,000 people were killed, according to independent monitors. "We must keep faith with the majority of the people of Egypt who want a stable, democratic and prosperous country for themselves and that means we must not do anything that hurts them or that cuts off support to them," said William Hague, the Foreign Secretary.

Ministers agreed to review 4.2 billion pounds in EU financial aid to Egypt and to stop arms exports. "The EU will monitor the situation in Egypt closely and readjust its co-operation accordingly," said a statement. "Member states also agreed to suspend export licenses to Egypt of any equipment which might be used for internal repression."

Baroness Ashton, the EU foreign minister, insisted that "assistance to the most needy will remain" in an effort to promote a political solution in Egypt. "All member states feel very strongly they want to continue to support the people of Egypt," she said. 

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