25. Rule 105(1) of the Commission's Rule of Procedure (2010) provides that when the
Commission is seized of a Complaint, it shall request the Complainant to present
evidence and arguments on the admissibility of the Communication within two (2)
months.
26. Additionally, Rule 113 of the Commission's Rules of Procedure (2010) also
provides that when a deadline is fixed for a particular submission, either Party
may apply to the Commission for an extension of the stipulated period and the
Commission may grant the said application.
27. In the present Communication, the Complainant was requested to present
evidence and arguments on the admissibility of the Communication within two (2)
months from the date of notification of the seizure decision, which expired on 24
November 2018. However, the Complainant did not present any evidence and
arguments within the stipulated time and neither did he apply for an extension.
28. Almost four years have lapsed since the expiry of the deadline and no evidence
and arguments have been submitted by the Complainant on the Admissibility of
the Communication.
29. In light of the above, the Commission finds that the Complainant has not shown
any interest in prosecuting this Communication and therefore the Commission
does not have sufficient information upon which to determine the Admissibility of
the said Communication.
30. The Commission takes note of the following jurisprudence which were similarly
struck out for want of diligent prosecution: Communication 612/16: Ahmed
Mohammed Ali Subaie v. The Arab Republic of Egypt;2 Communication 637/16
and 639/16 Mr. Mohammed Abdel Hay Faramawy and 2 Ors (Represented by
Dr. Abdel Hay Faramawy and 4 Ors) v. Arab Republic of Egypt;3
Communication 544/15 European Alliance for Human Rights (AED) and 3
Others v. Egypt;4 Communication 387/10: Kofi Yamagnane v. Togo;5 and
Communication 623/16: Miles Investments & 2Others v. Republic of Sierra
Leone. 6
Decision of the African Commission on Strike Out
31. In the light of the analysis made above, the Commission decides to strike out this
Communication against the Federal Democratic Republic of Ethiopia, for want of
diligent prosecution.