th th th 22. At its 37 Ordinary Session which took place from the 27 April to 11 May 2005 in Banjul, The Gambia, the African Commission heard the Complainant on the condition of the exhaustion of local remedies. 23. During this same session, the African Commission declared the communication admissible. th 24. On the 6 June 2005, the Secretariat informed the parties of this decision and requested them to transmit their arguments on the merits of the case. th 25. On the 6 September 2005, the Complainant submitted his arguments on the merits of the complaint. th 26. The Secretariat conveyed these observations to the Respondent State on the 8 November 2005 at the same time requesting its own memorandum as early as possible. th 27. During its 38 Ordinary Session, which was held from 21 November to 5 December 2005 in Banjul, The Gambia, the African Commission considered the complaint and, in the absence of the arguments of the Respondent State on the merits of the case, decided to differ [sic] its decision at this th stage to its 39 Ordinary Session. 28. On 10/01/2006, the Secretariat of the African Commission informed the parties of this decision and requested the Respondent State to forward its arguments on the merits of the communication. 29. In the absence of reaction from the Respondent State, the Secretariat sent a reminder on 28/03/2006. A copy of the submission of the Complainant on merits of the case was enclosed. 30. In a Note Verbale dated July 12, 2006, the Secretariat urged DRC to provide with its observations th on the merits by no later than 30 August 2006. The Secretariat further reminded DRC of previous notes verbale sent respectively on June 06, 2005, November 08, 2005 and January 10, 2006 all of which still with no reaction from Respondent State. th 31. At its 40 Ordinary Session held in Banjul, the Gambia from 15 to 29 November 2006, the st Commission deferred its decision on the merits to its 41 Ordinary Session scheduled to be held in Ghana from 16 to 30 May 2007 owing to the absence of arguments on the merits from the Respondent State. 32. On 15 January 2007, the Secretariat informed DRC of the decision of the Commission to differ st [i][sic] the complaint to its 41 Ordinary Session and reminded DRC of previous notes verbale in which DRC was invited to send its observations on the merits. However, DRC was given the last chance to formulate and send its observations on the merits before the end of February 2007, failing to do so would result in the Commission having to act in accordance with 119.4. 33. On 16 January 2007, the Secretariat informed the Complainants of the postponement of its st decision on the merits to the 41 Ordinary Session scheduled to be held from 16 to 30 May 2007 in Ghana. The Secretariat informed also the Complainants that DRC was given a last chance to provide the Commission with its arguments on the merits failing of which, the Commission would be obliged to act in accordance with 119.4. 34. In a Note Verbale dated June 14 2007, the Secretariat of the Commission informed the nd Defendant State that the communication was deferred to the 42 Ordinary [Session] scheduled from 14 to 28 November 2007 in Brazzaville, Congo. The State was also reminded of previous note verbales in which it was urged to submit it arguments as regard to the merit of the communication and that failing to do so may result in the application of 119.4. The Respondent State is still yet to respond to these notes verbale. 35. A letter dated June 15, 2007 the Secretariat informed the Complainant of the deferment of the nd communication to the 42 Ordinary Session scheduled from 14 to 28 November 2007 in Brazzaville, Congo 36. In a Note Verbale dated 17 September 2007 and a letter dated 17 September 2007 the Secretariat of the African Commission also sent a reminder both to the Complainant and the Defendant State. 37. By Note Verbale dated 20 March 2008 and a letter dated 19 December 2007 respectively, the rd parties were informed of the deferment of the communication to the 43 Ordinary Session scheduled th nd in Ezulwini, Swaziland from 7 to 22 May 2008 for the Commission to take into consideration in its decision on the merits, the conclusions submitted by the DRC on the merits.