Analysis of the Commission to strike out
22. Rule 105(1) of the Commission’s Rules of Procedure establishes that when the
Commission has decided to be seized of a Communication, it shall request the
Complainant to present arguments on Admissibility within two (2) months.
23. Rule 113 provides that when a deadline is fixed for a particular submission,
either party may apply to the Commission for extension of the period stipulated.
The Commission may grant an extension of time for a period not longer than one
(1) month.
24. To date, the Complainant has not (i) made any admissibility submissions, (ii)
responded to several requests from the Commission for submissions, including
the last one dated 1 March 2013 and (iii) has not requested for an extension of
time to submit.
25. Consequently the Commission does not have sufficient evidence upon which to
make a determination on the admissibility of the Communication.
Decision of the Commission
26. In view of the above, the Commission decides to strike out the Communication
for lack of diligent prosecution.
Done in Nairobi, Kenya, at the 14th Extra-Ordinary Session of the African
Commission on Human and Peoples’ Rights, 21-25 July 2013.