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Declare that the sole fact of submitting a dispute case to a Court the majority of whose
members have no legal qualification whatsoever, constitutes a flagrant violation of Article 26 of
the African Charter;
Declare that the judicial decisions on a simple ground without the least justification grossly
breach the right and liberties acknowledged by the African Charter and violate the provisions
of Article 7 of this latter;
Direct the immediate release of the sentenced persons and the reparation for all the
prejudices they have suffered;
Request the DRC to harmonise all her legislation with the commitments this state subscribed
to at international level and namely the African Charter and to initiate reforms so as to prevent
further human right violations.
Procedure
10. On 21.10.2003, the Secretariat of the African Commission acknowledged receipt of this
communication to the Complainants through a letter with reference No. ACHPR/COMM 281/2003.
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11. During its 34 Ordinary Session held from the 6 to 19 November 2003 in Banjul, The Gambia,
the African Commission examined this communication and approved its seizure.
12. On the 14/12/2003, the African Commission notified the Respondent State of this decision by
DHL, and at the same time conveyed to it a copy of the complaint. The African Commission also
requested the Democratic Republic of Congo to provide it, in two months, with its [arguments] on this
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complaint to enable it take a decision on its admissibility during its 35 Ordinary Session.
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13. On the 12 February 2004 and in the absence of any reaction from the Respondent State, the
African Commission sent a copy of the complaint in question with an acknowledgement of receipt to
the Ministry of Foreign Affairs, requesting its reaction as early as possible.
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14. At its 35 Ordinary Session which was held from the 21 May to 4 June 2004 in Banjul, The
Gambia, the African Commission considered the communication and deferred its decision on the
admissibility of the case since the delegation of the Respondent State that participated at the session
declared, contrary to all expectations, that the complaint had not reached the DRC.
15. The Secretariat of the Commission prepared a complete dossier of all the pending
communications against the DRC, including Communication 281/2003, which it delivered in exchange
for a receipt, to the DRC delegation.
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16. By letter dated 21 June 2004, the Secretariat of the Commission informed the parties to the
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communication of the deferment of its decision on the admissibility of the complaint to its 36 Session
and requested them, once again, to provide it with their comments in this regard so as to allow the
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African Commission to rule on the admissibility during its 36 Session.
17. On the 16/09/2004, the Respondent State sent its comments on the admissibility of the
communication to the Secretariat of the Commission.
18. The Secretariat acknowledged receipt of it on the 11/10/2004, and sent the said comments to the
Complainant requesting his reaction thereon as early as possible.
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19. During the 36 Ordinary Session of the African Commission which was held in
November/December 2004 in Dakar, Senegal, the Respondent State submitted its memorandum on
the admissibility of the Complaint to the Secretariat of the African Commission.
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20. On the 4 December 2004, the Secretariat of the African Commission acknowledged receipt of
this memorandum and informed the Respondent State that the African Commission would take its
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decision on admissibility of the complaint at its 37 Ordinary Session and the arguments raised would
be taken into account.
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21. On the 23 December 2004, the Secretariat of the African Commission conveyed the submission
of the Respondent State on admissibility to the Complainant, and requested his reaction to the
arguments submitted therein and further informed him that the African Commission would take its
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decision on the admissibility during its 37 Ordinary Session.