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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