51.
The Commission consider the propriety of the Complainant’s post-hearing
written observations and declined to have recourse to them for purposes of its
decision on admissibility as this amounted to reopening arguments which had been
closed upon the oral hearing. The Complainant was informed accordingly by letter
dated 15 November 2013 referenced ACHPR/COMM/383/10/DJI/1274/13.
52.
Lastly, on 20 November 2013 the Respondent State wrote the Commission
objecting to the further submissions purported to be filed by the Complainant on 4
November 2013. The Respondent State went further to make its own observations on
the Complainant’s post-hearing submissions. The Commission declined to consider
the Respondent State’s post-hearing observations for the same reasons stated at
paragraph 51 above.
Objections on procedure and the Commission’s decision
Complainant’s Objections to the Respondent State’s additional written arguments
53.
In what was intended to be his last submissions on admissibility, the
Complainant objects to the Respondent State’s Reply on Admissibility. The
Complainant contends that the Respondent State’s Reply on Admissibility amounts
to an abuse of process and is contrary to Rule 105 of Rules of Procedure. Accordingly
he prays that the Reply and the supporting evidence must be disregarded by the
Commission in arriving at its decision on admissibility.
Respondent State’s Submission on the Complainant’s Objection
54.
For its part, the Respondent State addresses the Complainant’s objection in its
‘Observations on the Complainant’s Final Response on Admissibility and New Facts’ which
was yet another written submission. The Respondent State observes that its Reply
on Admissibility was specifically allowed upon request by the Commission.
Accordingly the Respondent State maintains that it’s Reply on Admissibility and the
supporting affidavits should not and cannot be disregarded.
The African Commission’s Analysis and Decision on the Objections
55.
The African Commission would like to observe that the procedure adopted in
this Communication with respect to parties’ written arguments represents an
extremely exceptional departure from its Rules of Procedure, in particular Rule 105.
56.
Rule 105 (2) and (3) of the Rules of Procedure provides for the parties to
submit a total of three written submissions starting with the Complainant’s
arguments on admissibility, followed by the Respondent State’s arguments on
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