admissibility and the Complainants are only accorded a right to reply pursuant
to Rule 119 (3). In requesting that the submissions made by the Complainants in
this direction should be expunged, it contends that by requesting both parties to
submit their arguments on the Merits, the African Commission did not properly
apply Rule 119 (2) & (3) of the Rules of Procedure of the African Commission.
The Complainants on their part did not address the African Commission on
this.
AC
HP
R
146.
Decision of the African Commission on Alleged Procedural Irregularity
147.
In dealing with this issue, the African Commission will refer itself to Rule 119
of the Rules of Procedure (1995) of the African Commission which provides:
1. If the Commission decides that a Communication is Admissible under the Charter, its
decision and text of the relevant documents shall as soon as possible, be submitted to the
State Party concerned, through the Secretary. The author of the Communication shall
also be informed of the Commission's decision through the Secretary.
2. The State Party to the Charter concerned shall, within the 3 ensuing months, submit
in writing to the Commission, explanations or statements elucidating the issue under
consideration and indicating, if possible, measures it was able to take to remedy the
situation.
3. All explanations or statements submitted by a State Party pursuant to the present
Rule shall be communicated, through the Secretary, to the author of the Communication
who may submit in writing additional information and observations within a time limit
fixed by the Commission.
4. States Parties from whom explanations or statements are sought within specified times
39