ACH PR 9 '!~~~!!~;, ~ , ,1}., Ii ci.tm:r3" " . . . African Comm1ss1011 on Human and Peoples' Rights Human Rights our Collective Responsibility the complainant's arguments and evidence on admissibility and merits within sixty (60) days, and the Commission may impose further time-limits and call for additional information (Rule 116(1 ), (3)-(4)); moreover, in the absence of a specific provision, the Commission retains residual authority to regulate procedure and ensure the efficient operation of its Secretariat, including interpreting its own decisions (Rule 1(2) and Rule 3( 1), (4)-(6)). •• 19. Consistent with th~se provisions, the Commission has · repeatedly struck out communications for want of diligent prosecution where, after seizure and notification, complainants failed to file the required submissions or otherwise evinced no intention to proceed-see Shereen Said Hamd Bakhet v. Arab Republic of Egypt,(strike-out for lack of diligent prosecution)1; European Alliance for Human Rights and Others .. v. Egypt2 (same, referencing Fayad Allah3 and Kofi Yamagnane v. Togo4 ' and the .Commission's strike-out decision against Kenya which cites Faramawy & Others5 that reaffirmed that, under Rule 105( 1) and Rule 113 of the 2010 Rules of Procedure (now reflected in Rule 116( 1) and Rule 98 of the 2020 Rules), a complainant must file admissibility submissions within the prescribed time or seek an extension, failing which the matter may be struck out for want of diligent prosecution. 20. In the Communication at hand, the Commission notes that after the Complaint was seized, the Complainant was invited to present the Arguments and Evidence on the Admissibility and Merits of the Communication within sixty (60) days of receipt of the notification. 21. The Commission notes that the. Complainant did not present its Arguments and Evidence on Admissibility and Merits within the sixty (60) days' notice. Further, the Complainant also .did not respond to the email of the Secretariat drawing his attention to submit on Admissibility and Merits, and that the failure to respond can be a ground for a strike out. 22. The Commission notes that more than two (2) months have passed after the end of the sixty (60) days' notice to submit Arguments and Evidence on Admissibility and Merits of this communication, and the Complainant has not done so. 23. In view of the foregoing, the Comrnission notes that the Co expressed an interest in pursuing the present Communic I Comm. 658/17 2 Comm. 544/15 3 Comm. 594/ 15 4 Comm. 387/10) 5 Comms. 637/ 16 & 639/16 AJ1 Organ of the African •,. Union 4 The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kornbo North District, West Coast Region Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africanunion.org https;/achpr.au.int/0 0 D