inform both parties of the decision and deferred consideration of the matter to the 37th Ordinary Session. The same decision was communicated to the parties. The Secretariat requested them to submit additional arguments on admissibility. A copy of the Complainant's brief was forwarded to the Respondent State, which was duly requested to forward its response. 45. On 25th October 2005, the African Commission informed the Complainant of its decision to grant him an opportunity to argue for the re-opening of the communication at its 36th Session. 46. At the 36th Ordinary Session, the African Commission, upon consideration of the arguments put forward by the Complainant in his "Brief on the Issue of Exhaustion of Domestic Remedies", decided to reconsider its decision adopted during the 34th Ordinary Session, at its 37th session. 47. On 14th March 2005 the parties were informed about the decision of the African Commission and a copy of the Complainant's brief was forwarded to the Respondent State, which was duly requested to forward its response. 48. During the 37th Ordinary Session held from 27th April to 11th May 2005 in Banjul, The Gambia, the African Commission decided to defer reconsideration of the admissibility to the next session. 49. On 28th June 2005, both the Complainant and the Respondent State were informed of the decision. The Respondent State was also reminded to forward its written submissions on admissibility within two (2) months from the date of notification of this decision. 50. At the 38th Ordinary Session held in Banjul, The Gambia, from 21st November to 5th December 2005, the Respondent State submitted written arguments on admissibility. The African Commission deferred reconsideration of the admissibility of the communication to its 39th Ordinary Session. 51. On 16th December 2005, the Secretariat informed the parties of the decision. A copy of the Respondent State's arguments was sent to the Complainant. 52. On 8th March 2006, the Secretariat received from the Respondent State a copy of the minutes of an August 2000 meeting between the Government of Sudan, the Government of Ethiopia and the UNHCR. A copy of the latter documents was transmitted to the Complainant. 53. On 23rd March 2006, the Secretariat received a response to the Respondent State's submissions of 3rd December 2005. The document was duly transmitted to the Respondent State. 54. At the 39th Ordinary Session held in Banjul, the Gambia from 9th to 23rd May 2006, the African Commission reconsidered its decision on admissibility and declared that the communication was admissible. 55. By a Note Verbale of 14th July 2006, to the Secretariat informed both parties of the aforementioned decision and requested them to submit their arguments on the merits within two (2) months. 56. On 18th September 2006, the Secretariat received a letter from the Complainant, requesting that the deadline for submission of arguments on the merits be extended by six (6) months, as the Complainant had been unable to contact the Secretariat. 57. On 16th October 2006, the Secretariat acknowledged receipt of the letter from the Complainant, and reminded both parties to submit their arguments on the merits by the end of October 2006. 58. On 11th April 2007, the Secretariat received the arguments on merits from the Complainant. 59. On 25th April 2007, the African Commission acknowledged receipt of the Complainant's submissions and reminded the Respondent State to submit its arguments on the merits by 10th May 2007. 60. On 20th June 2007, the Secretariat sent a Note Verbale to the Respondent State reminding the Respondent State that the African Commission intended to consider the communication on the merits during the 42nd Ordinary Session and requested it to forward its arguments on the merits by the end of July 2007. 61. On 6th June 2007, the Secretariat informed the Complainant that the Respondent State had yet to submit its arguments on the Merits. 62. By a Note Verbale of 30th October 2007, the Respondent State was reminded to submit its argumemts on the Merits before the commencement of the 42nd Ordinary Session in Congo, Brazzaville. 63. On 3rd November 2007, the Secretariat of the African Commission informed the Respondent State that it had not yet received its submission on the merits. 64. On 23rd November 2007, during the 42nd Ordinary Session, the Respondent State submitted its arguments on the merits. The arguments were in Arabic. During the 42nd Session the African Commission deferred consideration of the communication on the merits in order to allow for translation of the Respondent State's submissions. 65. On 27th December 2007, the Secretariat informed the parties of its decision to defer the communication. It acknowledged receipt of the State Party's brief on the merits, and also forwarded it to the Complainant. 4

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