2. Notwithstanding paragraph 1 of the present Rule, the Commission may decide not to join the
Communications if it is of the opinion that the joinder will not serve the interest of justice.
3. Where in accordance with paragraph 1 of the present Rule, the Commission decides to join two or more
Communications, it may subsequently, where it deems appropriate, decide to disjoin the Communications.
Rule 97 Working Groups and Rapporteurs on Communications
1. The Commission shall appoint a Rapporteur for each Communication from among its members.
2. The Commission may also establish one or more working groups to consider questions of seizure,
admissibility and the merits of any Communication(s) and to make recommendations to the Commission.
3. The Commission shall consider the recommendations of the Rapporteur(s) and/or the Working Group(s)
and make a decision.
Rule 98 Provisional Measures
1. At any time after the receipt of a Communication and before a determination on the merits, the
Commission may, on its initiative or at the request of a party to the Communication, request that the State
concerned adopt Provisional Measures to prevent irreparable harm to the victim or victims of the alleged
violation as urgently as the situation demands.
2. If the Commission is not in session at the time that a request for Provisional Measures is received, the
Chairperson, or in his or her absence, the Vice-Chairperson, shall take the decision on the Commission's
behalf and shall so inform members of the Commission;
3. After the request for Provisional Measures has been transmitted to the State Party, the Commission shall
send a copy of the letter requesting Provisional Measures to the victim, the Assembly, the Peace and
Security Council, and the African Union Commission.
4. The Commission shall request the State Party concerned to report back on the implementation of the
Provisional Measures requested. Such information shall be submitted within fifteen (15) days of the receipt
of the request for Provisional Measures;
5. The granting of such measures and their adoption by the State Party concerned shall not constitute a
prejudgment on the merits of a Communication.
Rule 99 Procedure for Hearings on Communications
1. At the initiative of the Commission or at the request of one of the parties, a hearing may be held on a
Communication.
2. During hearings, the Commission shall permit oral presentations by the parties on new or additional facts
or arguments or in answer to any questions that it may have concerning all issues relating to the
Communication.
3. During a hearing on a Communication or at any stage prior to the conclusion of the matter, the following
may be considered:
a) The verification of the facts;
b) Initiation of a friendly settlement;
c) Consideration on the merits; or
d) Any other matter pertinent to the Communication.
4. A party requesting a hearing, shall do so at least ninety (90) days before the beginning of the session in
which the Communication is going to be considered.
5. The Rapporteur of the Communication, in consultation with the Bureau of the Commission, shall decide
upon the request.
6. The Secretary shall inform both parties of the decision on the granting of a hearing within 15 days of the
decision referred to under paragraph 5 of the present Rule.
7. If the request for a hearing is accepted, the notification of the hearing shall include the dates and venue
of the session, and period of the session during which the hearing is likely to take place.
8. Hearings on Communications before the Commission shall be held in camera. Unless the Commission
decides otherwise, no person shall be admitted, other than:
a) The parties to the Communication or the representatives duly mandated;
b) Any person being heard by the Commission as a witness or as an expert;
c) The persons referred to in Rule 33 (2) or any person whom the Commission may decide to invite under
Article 46 of the African Charter.
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