In his first trial, ousted President Mohamed Morsi, charged with incitement to murder of demonstrators in front of the Presidential Palace in December 2012— charges which the deposed leader refused to acknowledge, let alone accept the court proceedings, insisting: “I am Egypt’s legitimate president!” – was a charge not so different from the one leveled against former President Hosni Mubarak – incitement to murder of demonstrators in Tahrir Square.

In his first trial, ousted President Mohamed Morsi, charged with incitement to murder of demonstrators in front of the Presidential Palace in December 2012— charges which the deposed leader refused to acknowledge, let alone accept the court proceedings, insisting: “I am Egypt’s legitimate president!” – was a charge not so different from the one leveled against former President Hosni Mubarak – incitement to murder of demonstrators in Tahrir Square. These are criminal cases for which investigators are meant to provide compelling evidence to prove both men guilty. In such trials, however, investigators fail to do so, the truth is lost and media haphazardly level accusations then cry over lost martyrs’ rights.

It seems that the authorities commenced Morsi’s trials with a case for which they can mobilize revolutionary forces because those killed by Muslim Brotherhood supporters in front of the Presidential Palace were a part of these forces. Besides, killing demonstrators demanding freedom, democracy and justice is undoubtedly unignorable. However, can anyone guarantee that this trial will end up punishing the real killers? Is trying Mubarak or Morsi for being politically or criminally responsible for these crimes sufficient?

No one would have raised these questions had the political forces worked on issuing a transitional justice law (TJL), a matter that took place in all the countries that have experienced huge changes like those of Egypt since January 25, 2011.

The trial of Mubarak only aims at pleasing the public, while that Morsi’s is about getting revenge. However, criminal justice usually does not convict the defendants based only incompetent investigators and insufficient evidence, but also for several reasons, including a politicized judiciary.

Most of the crimes committed by the two presidents against Egypt and the Egyptians are related to corruption, tyranny, and abuse of power – more political than criminal charges. Unfortunately, there are no legal texts incriminating a president for such charges. These texts would have been provided for in a TJL, but the only thing the political elite has agreed on has been not to issue such a law, which is now only demanded by jurists who have become notorious in this fascist climate Egypt is currently experiencing.

Morsi’s trial is only a continuation of an ongoing debate since this past July 3, between those who say a military coup took place and those who believe that the army responded to people’s will. It is a sterile discussion since it is not about real issues, like the establishment of a democratic, civil system, which the Brotherhood did not seek to establish and neither will the current authorities. A key feature of this system is a TJL that holds accountable all the rulers of Egypt for the past 30 years – the National Party and the Brotherhood. Political accountability should coincide with criminal accountability in which the current justice system seems tolerant, since all officials tried for criminal charges have been found innocent, something that can happen to Morsi under the same justice system.

The voice of the law will be lost amid political gossip. Morsi wants to turn his entire trial into political speeches condemning what he believes as a coup. The trial— which will be re-opened on January 8, 2014— itself is a means by the authorities to subjugate the Brotherhood and force it to get engaged in or recognize the roadmap. This means that compromises and settlements outside the court are possible and that there are internal and international parties that pressure to reach them. Eventually, the truth is lost this unhealthy climate.