EX.CL/717 (XX) Page 48 44. At its 41st Ordinary Session, the Communication was further deferred to the nd 42 Ordinary Session for a decision on Admissibility and the parties were accordingly informed of the decision by a Note Verbale and letter dated 8 July 2007. 45. During the inter-session, the Secretariat on examining the Respondent State’s submission on Admissibility discovered that they had sent submissions on the merits instead of submissions on Admissibility as requested. 46. By Note Verbale ACHPR/LPROT/COMM/305/ZIM/TN, dated 6 September 2007, the Secretariat informed the Respondent State of this and asked the later to make submissions on Admissibility by 30 September 2007. The Secretariat also informed the Respondent State that if it wishes the African Commission to proceed on the Merits of the case, this should be indicated by the State. 47. During the 42nd Ordinary Session held from 15 – 28 November 2007 in Brazzaville, Republic of Congo, the Commission considered the Communication and decided to defer the decision on Admissibility to the 43rd Ordinary Session. 48. The parties were informed of the decision of the Commission by a Note Verbale and letter dated 19 December 2007. 49. At its 43rd, 44th and 45th Ordinary Sessions the Commission considered the Communication and deferred its decision on Admissibility as the Respondent State did not submit its arguments on Admissibility. 50. By Note Verbale and letter dated 3 June 2009 the Secretariat informed the parties of the deferment of the Commission’s decision on Admissibility to its 46th Ordinary Session and further notified the Respondent State of the former’s decision to proceed to decide on the Communication if it fails to submit its arguments on Admissibility. 51. On 19 August 2009 the Secretariat received the Respondent State’s submission on Admissibility of the Communication. 52. During its 46th Ordinary Session the Commission considered the Communication and deferred its decision to the 47th Ordinary Session to enable the Secretariat prepare a draft decision on Admissibility. 53. During its 47th Ordinary Session held in Banjul, The Gambia, from 12 to 26 May 2010, the African Commission decided to defer its decision on Admissibility to its 48th Ordinary Session. 54. In Note Verbale and letter dated 16 June 2010 the Respondent State and the Complainants respectively were informed of the above decision of the African Commission.

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