35.
During the 52nd Ordinary Session held from 9 to 22 October 2012 in Cote
d’Ivoire, the Commission deferred the Communication to its 53rd Ordinary Session.
36.
On 31 October 2012 the Secretariat received from the Respondent State a
Reply on Admissibility being its observations on the Complainant’s Response to the
State’s Arguments on Admissibility and the Response to the Supplemental
Arguments. The Reply on Admissibility was submitted together with Annex A being
a Satellite Image of Camp Lemonnier; a Second Affidavit of Mr Djama Souleiman
Ali; and an additional Affidavit of Mr Hassan Said Khaireh.
37.
On
21
November
2012
by
a
letter
referenced:
ACHPR/COMM/383/10/DJI/1143/12 the Secretariat transmitted the Respondent
State’s Reply on Admissibility to the Complainant with an indication that the
Complainant was not obliged to file further observations.
38.
On 5 February 2013, the Secretariat received a letter from the Complainant
requesting an oral hearing during the Commission’s next session in terms of Rules
88(6) and 105(4) of the Rules of Procedure. The Complainant also submitted what
was intended to be the Final Response on admissibility.
39.
In terms of Rule 99(4) of the Rules of Procedure the Complainant’s request for
an oral hearing was not granted for being late and the Secretariat informed the
Complainant accordingly by letter dated 27 February 2013.
40.
By a further letter of 29 April 2013 the Complainant renewed his request for
an oral hearing during the African Commission’s 54th Ordinary Session.
41.
By letter of 26 June 2013 referenced ACHPR/COMM/383/10/DJI/777/13 the
Secretariat informed the Complainant that the request for oral hearing had been
granted for the 54th Ordinary Session scheduled to take place from 22 October to 2
November 2013. The Secretariat specifically noted to the Complainant that in terms
of Rule 99(2) of the Rules of Procedure an oral hearing was expected to canvas new
or additional facts on the Communication.
42.
The Secretariat informed the Respondent State about the oral hearing
scheduled during the 54th Ordinary Session by a Note Verbale of 26 June 2013
referenced ACHPR/COMM/DJI/383/10/776/13,.
7