Rule 90 - Reply and Time Limit
1. The reply of the State party to the Charter to which a communication is addressed should reach the
requesting State party to the Charter within 3 months following the receipt of the notification of the
communication.
2. It shall be accompanied particularly by:
a) Written explanations, declarations or statements relating to the issues raised;
b) Possible indications and measures taken to end the situation denounced;
c) Indications on the law and rules of procedure applicable or applied;
d) Indications on the local procedures for appeal already used, in process or still open.
Rule 91 - Non-Settlement of the Issue
1. If within three (3) months from the date the notification of the original communication is received by the
addressee State, the issue has not been settled to the satisfaction of the two interested parties, through the
selected channel of negotiation or through any other peaceful procedure selected by common consent of
the parties, the issue shall be referred to the Commission, in accordance with the provisions of Article 48 of
the Charter.
2. The issue shall also be referred to the Commission if the addressee State party to the Charter fails to
react to the request made under Article 47 of the Charter, within the same 3 months' period of time.
Rule 92 - Seizing of the Commission
At the expiration of the 3 months' time limit referred to in Article 47 of the Charter, and in the absence of a
satisfactory reply or in case the addressee State party may submit the communication to the Commission
through a notification addressed to its Chairman, the other interested State party and the Secretary
General.
Section II - Procedure for the Consideration of the Communications Received in Conformity with Articles 48 and 49 of
the Charter: Procedure for the Communication-Complaint
Rule 93 - Seizing of the Commission
1. Any communication submitted under Articles 48 and 49 of the Charter may be submitted to the
Commission by any one of the interested States parties through notification addressed to the Chairman of
the Commission, the Secretary General and the State party concerned.
2. The notification referred to in paragraph 1 of the present Rule shall contain information on the following
elements or accompanied particularly by:
1. Measures taken to try to resolve the issue pursuant to Article 47 of the Charter including the text of the
initial communications and any future written explanation from the interested States parties to the Charter
relating to the issue;
2. Measures taken to exhaust local procedure for appeal;
3. Any other procedure for the international investigation or international settlement to which the interested
States parties have resorted.
Rule 94 - Permanent Register of Communications
The Secretary shall keep a permanent register for all communications received by the Commission under
Articles 48 and 49 of the Charter.
Rule 95 - Seizing of the Members of the Commission
The Secretary shall immediately inform the members of the Commission of any notification received
pursuant to Rule 91 of the Rules of Procedure and shall send to them, as early as possible, a copy of the
notification as well as the relevant information.
Rule 96 - Private Session and Press Release
1. The Commission shall consider the communications referred to in Articles 48 and 49 of the Charter in
closed session.
2. After consulting the interested States parties to the Charter, the Commission may issue through the
Secretary, release on its private sessions for the attention of the media and the public.
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