 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.116  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.117  The President of the Republic may commute, change, suspend or cancel such decisions. He may also order the release of defendants118 or order the retrial of the case before another court.119 201. It most be pointed out that Supreme State Security Emergence Court is not part of the regular criminal court structure in Egypt. Sentences passed by this court can only be reviewed by the office responsible for ratifying its judgments, office of the President of the Republic who is also the ratifying authority. The ratifying authority which is not a court of law, may mitigate the sentence or repeal it and, once the sentences are upheld the convicts may only petition the President for an amnesty or mitigation in accordance with the provisions of Article 149 of the Constitution. 202. The Respondent State, however, submitted that the State of Emergency Security Court which tried the accused persons is a prosecuting court with limited functions according to the law and the objective criteria. They further asserted that membership of this court comprises three experts (Judges who are members of the judiciary. They also state that the trials and procedures in this case and in stages and phases were carried out in public and in 116 See ibid., Art. 13. 117 See ibid., Art. 12. 118 See ibid., Art. 14. 119 See ibid., Art. 15. 61

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