14. The Court notes that Rule 63(1) sets out three conditions for a decision in
default: i) the notification to the defaulting party of all the documents on
record ii) the default of a party; and iii) Application by the other party for a
decision in default or the Court on its own motion decides to enter a decision
in default.
15. On the first condition, the Court notes from the record that, the Registry
served the Respondent State with the Application on 16 January 2019
notified the Respondent State of all the pleadings filed by the Applicant. The
Court observes from the record, the proof of delivery of those notifications.
The Court therefore finds that the first condition is met.
16. With respect to the second condition, the Court observes that the
Respondent State was granted 60 days to file its Response. However, it
failed to do so. The Registry also sent reminders to the Respondent State
on 9 July 2020, 23 February 2021, 28 July 2021 and 10 August 2022
granting it each time 30 days to file its Response but it failed to do so. The
Court thus finds that the Respondent State has defaulted in defending the
case.
17. With respect to the last condition, the Applicant having not requested for a
default judgment, the Court renders the decision suo motu for the proper
administration of justice.
18. The required conditions having been fulfilled, the Court renders this decision
in default.3
VI.
JURISDICTION
19. The Court notes that Article 3 of the Protocol provides as follows:
African Commission on Human and Peoples’ Rights v. Libya (merits) (3 June 2016) 1 AfCLR 153 §§
38-42; Robert Richard v. United Republic of Tanzania, ACtHPR (merits and reparations) (2 December
2021) 5 AfCLR 822 § 16.
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