African Human Rights CLA 2.0

27. On 14th April 2005, the Secretariat of the Commission acknowledged receipt of the memorandum from the Respondent State on the merits of the communication and on that same date, conveyed it to the complainant party for reaction. 28. On 3rd October 2005, the complainant sent its rejoinder to the observations of the Respondent State on the merits of the complaint by letter dated 26th September 2005. On the 13th October 2005, the Secretariat acknowledged receipt of the letter. 29. On 30th November 2005, this document had been forwarded against a receipt of acknowledgement, to the delegation of the Respondent State attending the 38th Ordinary Session of the Commission. 30. During this same Session (21st November - 5th December 2005, Banjul, The Gambia), the African Commission examined the complaint and in the absence of any reaction from the Respondent State to the arguments of the complainant party on the merits of the case, differed its decision at this point to its 39th Ordinary Session. 31. On 7th December 2005, this decision was notified to the Parties and the Respondent State, in particular had been invited to send its reaction on the submissions of the complainant within 3 months. 32. In the absence of any reaction from the Respondent State, a reminder had been sent to it on the 23rd March 2006. 33. By Note Verbale dated 29th March 2006, and received by the Secretariat of the African Commission on the 13th April 2006, the Respondent State conveyed its reaction on the arguments submitted by the complainant party on the merits of the case. 34. The Secretariat transmitted these arguments to the complainant party on the 8th May 2006. 35. In a Note Verbale dated 30th June 2006 and a letter also dated 30th June 2006, the Parties had been respectively informed that during its 39th Ordinary Session, the African Commission had decided to defer the case to its 40th Ordinary Session scheduled for the 15th to 29th November 2006 in Banjul, The Gambia. 36. On the 4th October 2006, the Secretariat of the commission received a memorandum from the complainant party in rejoinder to the arguments on the merits formulated by the Respondent State to the communication. 37. During its 40th Ordinary Session held in Banjul, The Gambia, from the 15th to 29th November 2006, the African Commission decided to defer the case to its 41st Ordinary Session scheduled for the 16th to 30th May 2007 in Accra, Ghana for a ruling on the merits of the case. 38. In a Note Verbale dated 31st January 2007 and a letter also dated 31st January 2007, the Parties were informed about the deferment of the case to the 41st Ordinary Session of the African Commission scheduled for the 16th to 30th May 2007 in Accra, Ghana. 39. During its 41st Ordinary Session held in Accra, Ghana, the African Commission had deferred the communication to its 42nd Ordinary Session for a decision on the merits of the case. 40. By Note Verbale dated 15th June 2007 and a letter dated the same day, the Parties to the communication had been informed of the deferment of the case to the 42nd Ordinary Session of the Commission scheduled for the 14th to 28th November 2007 in Brazzaville, Congo. 41. In a Note Verbale dated 11th September 2007 a letter had been sent to the Respondent State reminding it of the deferment of the communication to the 42nd Ordinary Session. 42. By letter dated 13th September 2007, the complainant party had been reminded about the deferment of the communication to the 42nd Ordinary Session. 43. The Parties had been respectively informed in a Note Verbale and a letter dated 19th December 2007 about the deferment of the examination of the decision on the merits to the 43rd Ordinary Session of the Commission to be held from 15th to 29th May 2008 in Ezulwini, in the Kingdom of Swaziland. 44. In a Note Verbale dated 18th March 2008 and a letter dated 20th March 2008, the Parties had been reminded of the deferment of the case to the 43rd Ordinary Session of the Commission. The Parties had however been informed of the change of dates of the said Session the holding of which had been brought forward to the 7th to 22nd May 2008 instead of from 15th to 29th May as had been initially announced. 45. In a Note Verbale dated 24th October 2008, the Secretariat informed the Respondent State about the deferment of consideration on the decision on the merits of the communication to the 44th Ordinary Session scheduled for the 10th to 24th November 2008 in Abuja, Nigeria. 46. During the same period of the 24th October 2008, the complainants had been informed by letter of the deferment of the communication for examination on the merits to the 44th Ordinary Session of the African Commission. 47. After the examination of the communication at the 44th Ordinary Session held in Abuja in the Federal Republic of Nigeria, the African Commission deferred the reexamination to the 45th Ordinary Session 3