being prompted by the Commission. By the time the Complainant submitted the
omitted evidence, the Respondent State had already filed its Arguments on
Admissibility. This led the Commission to transmit the Complainant’s missing
evidence to the Respondent State with a request to submit its observations thereon
which ordinarily would have been canvassed in the Respondent State’s initial
arguments. The Respondent State’s observations on the omitted documents are
contained in its Supplemental Arguments.
62.
Further, whereas close to a year elapsed between the time the Complainant’s
Arguments on Admissibility were received by the Secretariat and the time the
Respondent State filed its arguments on admissibility, the Complainant
subsequently also took about four months to submit his observations, contrary to the
one month allowed under Rule 105(3) of the Rules of Procedure. As noted above,
even when the Complainant eventually submitted, he then introduced substantial
new points and supporting materials, a trend which continued for both parties until
after the oral hearing.
63.
Even more, subsequent to the contested Respondent State’s Reply, both
parties submitted further observations making the total number of written
exchanges escalate to eleven with the very last two having been rejected by the
Commission for being an abuse of process.
64.
At all times the Commission endeavoured to avert the possibility of an oral
hearing. As it turned out, however, an oral hearing was still held.
65.
The Commission is satisfied that considering the intricacy and relevance of
the matters contested in the present Communication, both parties were
unprecedentedly and unusually accorded more than ample, equal and fair
opportunity to present their respective positions culminating in the oral hearing held
during the 54th Ordinary Session.
66.
Accordingly, although the Complainant’s objection is prima facie valid in
terms of Rule 105 of the Rules of Procedure, the Commission confirms that it has, as
a measure of exception, allowed the Respondent State’s Reply. The Commission has
thus considered all written arguments of both parties presented after the contested
Respondent State’s Reply. In its consideration, the Commission has however
excluded both parties’ written arguments and supporting evidence submitted after
the oral hearing.
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