admissibility, and ending with the Complainant’s comments on the Respondent
State’s written arguments. These are provided for with strict deadlines, subject to a
single possible extension not exceeding one month in terms of Rule 113 of the Rules
of Procedure.
57.
In accordance with Rule 105 (4), any further observations may only be
presented at an oral hearing as may be allowed by the African Commission under
Rule 88(6) of the Rules of Procedure.
58.
The African Commission would like to affirm that it does not espouse a
relaxed approach in the application of its Rules of Procedure. Among the objects of
its Rules of Procedure regarding Communications generally and submission of
written arguments in particular is to ensure that parties are accorded equal, fair and
adequate opportunity to present their respective positions, and that alleged
violations or any matters that are in contention between the parties are clearly
identified and determined expeditiously and conclusively.
59.
Whereas the Rules of Procedure constitute a comprehensive code designed to
achieve among others, the above objects, the Commission retains the prerogative to
permit or require further written submissions outside the strict stipulations in the
Rules of Procedure and in place of an oral hearing. However, the Commission would
only do so in extremely exceptional circumstances in respect of which it does not
even find it desirable to enunciate criteria. For all purposes, parties are well advised
to strictly adhere to the provisions of its Rules of Procedure. The Commission will
not hesitate to impose necessary procedural sanctions for default such as declining
to consider a given submission that does not comply with the Rules of Procedure
and acceptable practice.
60.
In the present Communication, the Commission indeed allowed the
Respondent State to file its Reply on Admissibility by way of observations on the
Complainant’s Response to the State’s Arguments on Admissibility. The
Commission considered, among others, that the Complainant’s own second
observations are more voluminous than his initial arguments on admissibility, in the
process raising multiple new points, introducing three new expert declarations, and
citing various new sources in support of the observations.
61.
In addition, it is the Complainant’s own manner of submitting arguments and
supporting evidence that partly led to the escalation of written submissions for both
parties. Among others, the Complainant omitted to attach some critical evidence to
his initial arguments on admissibility and only provided the relevant evidence upon
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