1;,..�1 6�!:LE� �<iu:ff() • Human and Peoples' Rights Human Rights our Collective Responsibility 107. The Complainant submits that the Supreme Court acted contrary to the equality of arms principle in that its interpretation discriminates between a plaintiff and a defendant as the latter is not bound to retain services of an attorney to defend or resist an action. 108. These facts, so the complaint contends, amount to violations of articles 3, 7 and 26 of the Charter and this is what the Commission will determine. 109. In support to his claims, the Complain cites a number of statutory provisions, notably Section 17, 36, 56 and 198 of the Courts Act, Rule 3 of the Supreme Court Rules 2000, Rule 1, 2 and 3 of the Legal Fees and Costs Rules 2000. The Complainant also adduces a number of documentary evidence. 110. In substance, the Complainant claims the right to litigate in person or in other words the right to access to the courts and to defend himself without retaining the services of an attorney, in order to seek the re-opening of both the criminal matter which led to his conviction and incarceration for six months and the disciplinary proceedings that led to his disbarment. Failure by the Respondent State to make observations on the merits 111. By Note Verbale Ref: ACHPR/COMM/459/13/ MAUR/920/22 dated 26 September 2022, the Commission informed the Respondent State that the Complainant had confirmed that his submissions in the original complaint and the responses to the Respondent State adequately address the merits of the communication and therefore stands as his submissions on the merits. The Commission further invited the Respondent State to submit its written observations on the Complainant's submissions on the merits on the abovementioned communication within sixty (60) days of receipt of the notification. To this date, the Commission has not received any submissions on merits from the Respondent State. 112. On several occasions, the Commission has made it clear that where allegations of violations of provisions of the African Charter go uncontested Government concerned, the Commission must decide on the facts pr Complainant and treat those facts as given, as was determined \..,,.,..1.. Africanr '' Union � Page 25 of 45 African Commission on Human an 31 Bijilo Annex Layout, Korn West Coa Phone: (220) 230 4361 Fa Email: au-banjul https:/achpr.au.int/00 a