the Court of Appeal and two officers of the army,48 or simply decide that it be
formed of three military officers.
49
Before appointing the judges and/or
military officers, the law provides that the President of the Republic shall
seek the opinion of the respective Minister of Justice and the Minister of
War.50
128. The Complainants also argue that, the degree of control which the President
of the Republic exercises over the composition, conduct and outcome of
proceedings before the State Security Court is antithetical to the notion of an
independent and impartial judicial process because, the President, for
example exercises the following powers:
the President may suspend a case before it is
submitted to Supreme State Security Emergency
Court or order the temporary release of the
accused person before referral of the case to the
Supreme State Security Emergency Court;51
decisions of the Supreme State Security Emergency
Court are final only when they‟re approved by the
President of the Republic, and cannot thereafter be
challenged before any other court in Egypt;52
the President of the Republic may commute,
change, suspend or cancel such decisions. He may
also order the release of defendants53; and or
48
Id, Art. 7.
49
Id, Art. 8.
50
Id, Art. 7.
51
Id, Art. 13.
52
Id, Art. 12.
53
Id, Art. 14.
54
Id, Art. 15.
order the retrial of the case before another court.54
35