EX.CL/717 (XX)
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decided to defer its decision on Admissibility to its 44th Ordinary Session to allow the
Complainant to submit its arguments on Admissibility.
20.
By letter, of 11 December 2008, the African Commission informed the
Complainant that its decision on Admissibility was deferred during the 44th Ordinary
Session, held from 10 to 24 November 2008 in Abuja, Federal Republic of Nigeria, to
allow the Complainant to submit its arguments on Admissibility within a period of
three months.
21.
By letter and Note Verbale, of 4 June 2009, the African Commission informed
both parties that at its 45th Ordinary Session held from 13 to 27 May 2009 in Banjul,
The Gambia, the African Commission decided to defer further consideration of the
Communication to allow the Complainant to make its submissions on Admissibility
within a period of two months.
22.
By letter of 15 March 2009, the Secretariat acknowledged receipt of the
Complainant’s submission on Admissibility on the same day and forwarded the same
to the Respondent State by Note Verbale dated the same day.
23.
By letter and Note Verbale, of 14 December 2009, the African Commission
informed both parties that at its 46th Ordinary Session held from 11 to 25 November
2009, in Banjul, The Gambia, the Commission considered the Communication and
decided to defer it to its 47th Ordinary Session to allow its Secretariat time to prepare
a draft decision.
24.
By letter and Note Verbale, of 25 June 2010, the African Commission informed
both parties that at its 47th Ordinary Session held from 12 to 26 May 2010, in Banjul,
The Gambia, the Commission considered the Communication and decided to defer
the consideration of Admissibility to its 48th Ordinary Session in November 2010 to
allow the Secretariat time to prepare a draft decision.
The Law on Admissibility
The Complainant’s Submissions On Admissibility
25.
The Complainant submits that the present Communication satisfies all the
requirements of Admissibility as contained under Article 56 of the African Charter.
26.
The Complainant submits that it complies with Article 56 (1) of the African
Charter, because the author of the Communication is identified. It declares that
SERAP is the author of the present Communication, on behalf of several victims of
the Awori Community affected by the pipeline explosion.
27.
The Complainant also submits that it complies with Article 56 (2) of the African
Charter, as the present Communication reveals a prima facie violation of the African
Charter.