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. 3 5

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