A party requesting a hearing, shall
do so at least ninety (90) days before
the beginning of the session in which
the Communication is going to be
considered.
The Rapporteur of the
Communication, in consultation
with the Bureau of the Commission,
shall decide upon the request.
The Secretary shall inform both
parties of the decision on the
granting of a hearing within 15 days
of the decision referred to under
paragraph 5 of the present Rule.
If the request for a hearing is
accepted, the notification of the
hearing shall include the dates and
venue of the session, and period of
the session during which the hearing
is likely to take place.
Hearings on Communications before
the Commission shall be held in
camera.
Unless the Commission
decides otherwise, no person shall
be admitted, other than:
a.
ThepartiestotheCommunication
or the
representatives
duly
mandated;
b.
Any person being heard by the
Commission as a witness or as
an expert;
c.
The persons referred to in Rule
33 (2) or any person whom the
Commission may decide to invite
under Article 46 of the African
Charter.
When it considers it in the interest of
the proper conduct of a hearing, the
Commission may limit the number of
parties’ representatives or advisers
who may appear.
The
parties
shall
inform’
the
Commission at least ten days before
the date of the opening of the hearing
Part Three : Protection Activities
of the names and functions of the
persons who will appear on their
behalf at the hearing.
The Chairperson or his or her
representative shall preside over the
hearing, and shall verify the identity
of any persons before he/she is
heard.
Any member of the Commission may
put questions to the parties or to the
persons heard with the permission
of the Chairperson.
Parties to the communication or
their representatives may, with the
permission of the Chairperson, put
questions to any person heard.
The Secretary is responsible for the
production of verbatim records of
hearings before the Commission.
Such records are internal working
documents of the Commission. If
a party to the communication so
requests,
the
Commission
shall
provideacopy ofsuchrecords unless,
in the view of the Commission, doing
so could create a danger to persons
heard.
The
State
Party
to _
the
Communication
shall
make
an
undertaking not to victimise or
to take any reprisals against the
Complainant and/or any person
representing them or their family
members,
or
witnesses
of their statements
Commission.
because
before
the
The Commission may receive amicus
curiae brief on
communication.
During
the
hearing
of
a
Communication in which amicus
curiae
brief
has
been
filed,
the
Commission, where necessary shall
permit the author of the brief or
the representative to address the
Commission.