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requirement of sufficient clarity of the grounds on which the judges base their
decisions".
11-lt is therefore unquestionable that taking the decision to render a judgment in
default requires a clear reasoning and may in no way suffice in one line of the
chapter "Procedure before the court", thus ignoring the conditions required by the
aforementioned Rule 55.
12-lt is clear from reading the aforementioned Rule that default is not part of the
procedure and that it is still a matter of form to which the Court must respond in
relation to its jurisdiction, the admissibility and basis of the Applicant's claims.
13-And that even if the Court chooses to use its discretionary power to hear the case
ex officio and rule by default, it cannot do so by considering this point of law as one
of the elements of the procedure and simply base its decision on the interest of
justice without specifying and explaining how making a judgement in default is in
the interest of justice.
14-ln comparative law, many human rights courts treat the default decision as a
formal decision that comes well after jurisdiction and admissibility. o quote just one
rendered by the Court of Justice of the Economic Community of West Africa States
on 16 February 20'16, Judgement No. ECWCCJ/JUGG/03/16, the Court, in
Chapter lll: Reasons for the decision: On the form, after dealing with the
admissibility of the application and jurisdiction, addressed the issue of default
against the Republic of Guinea and later, on the merits, handled the allegations of
human rights violations. In its operative part, it stated that "the Court ruling publicly,
by default against the Republic of Guinea, in the matter of human rights violations,
in the first and last resort".
ln adjudicating as it did, on the specific issue of default, the court delivered a
judgement devoid of any legal basis and contrary to the provisions of the
aforementioned Rules and Articles regarding default, especially as this provision
of default does not appear in its operative part either.
Bensaoula Chafika
Judge at the African Court on Human and Peoples' Rights
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