6. Djibouti avers that since the capture of nineteen (19) members of its military personnel by Eritrea, the Respondent State has continuously denied having them in her custody until two of the captives escaped and revealed what exactly happened starting from the date of their arrest. Procedure and Application for Withdrawal 7. The Secretariat received from a Note Verbale from the Minister of Foreign Affairs and International Cooperation of the Republic of Djibouti, dated 03 May 2014, presented on behalf of Djibouti pursuant to Article 49 of the African Charter. 8. The African Commission on Human and Peoples’ Rights (the African Commission) seized the Communication during its 17th Extra-Ordinary Session, held from 19 to 28 February 2015. 9. The Commission adopted a decision on Admissibility at its 25th ExtraOrdinary Session held from 19 February to 05 March 2019. The Commission also informed the parties that it was offering its good offices, with a view to an amicable settlement being reached between them in accordance with Rule 90(1) of its Rules of Procedure (2010). 10. Whilst Djibouti agreed to the offer for amicable settlement, which (agreement) was transmitted to the Respondent State on 10 April 2019 for its consideration, the latter failed to accept nor respond to the offer of amicable settlement within the stipulated timeline, following which the offer lapsed on 28 June 2019, and the Commission decided to proceed with the Communication on the Merits in accordance with Rules 91 and 92 of its Rules of Procedure (2010). Accordingly, the Complainant State was requested to submit arguments on the Merits of the Communication in accordance with Rule 91(1) of the Commission’s Rules of Procedure (2010). 11. Djibouti failed to submit on the Merits within the stipulated timeline, which expired. However, the Respondent State’s submissions on the Merits were received, thereby extending the process for exchange of pleadings between the parties, and the same were transmitted to Djibouti on 19 April 2021, requesting its response to Eritrea’s Merits thereto, failing which the Commission would proceed to adopt a decision on the Merits based on information at its disposal, including those contained in the initial Complaint which touch on the Merits of the Communication. 12. By Note Verbale, reference No. 81/56/21/MN/DAJC/MAECI and dated 24 May 2021, received by the Secretariat of the Commission from Djibouti, the Ministry of Foreign Affairs and International Cooperation of the Republic of Djibouti stated the following: 2