75. The Respondent State further explains that the Act No. 162 of 1958 stipulates
that judgements by the State of Emergency Security Courts are only made
final after being endorsed by the President of the Republic (Article 42), and
that the ratifying authorities may, in examining the judgement, mitigate the
sentence, replace it by a more lenient punishment, rescind it or rescind part
thereof or stop its implementation or a part thereof (Article 14).
76. In addition, the Respondent State points out that for endorsement, the law
stipulates that all cases on which a ruling has been made must be examined
by legal advisers assigned for this purpose to ascertain that the proper
procedure was followed.
77. The Respondent State also submits that the law allows the person convicted
to submit a written appeal to the Office of the Public Prosecutor.
78. The Respondent State confirmed that the request for Provisional Measures
sent by the Chairperson in December 2006 to suspend the execution of the
death penalty sentence while the Communication was before the
Commission had been received, and further explained that the request was
transmitted to the President of Egypt who considered it.
The Commission’s Analysis on Admissibility
79. The second ground submitted by the Respondent State pertains to the merits
of the case and is not relevant at the stage of Admissibility.
80. The Admissibility of Communications within the African Commission is
governed by the requirements of Article 56 of the African Charter which
provides for seven requirements to be met before a Communication can be
declared Admissible. If any of the requirements set out in this article are not
met, the African Commission declares the Communication Inadmissible,
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