Complainant
7. The Complainants allege that the Respondent State has violated Articles
2, 3, 7.1.a, 7.1.b, 9, 12.4 and 26 of the African Charter on Human and Peoples’ Rights.
Procedure
8. The complaint was received at the Secretariat of the African Commission on 6 October 2004.
9. On 12 October 2004, the Secretariat wrote to the Complainants acknowledging receipt of the
th
complaint and informing them that it will be considered at the Commission’s 36 Ordinary Session.
th
10. On 13 December 2004, the Secretariat wrote a letter to inform Parties that at its 36 Ordinary
Session held from 23 November to 7 December 2004, in Dakar, Senegal, the African Commission
considered the above mentioned communication and decided to be seized thereof.
11. On 3 February 2005, the Complainants transmitted their arguments on admissibility.
12. On 22 February 2005, the Secretariat acknowledged receipt of the Complainants’ arguments on
admissibility and inform them that the communication will be considered on admissibility at the
th
37 Ordinary Session of the African Commission scheduled to take place from 27 April to 11 May
2005 in Banjul, The Gambia.
13. The Secretariat of the African Commission wrote a Note Verbale to the Respondent State
transmitting Complainants’ submissions on admissibility and reminding the Respondent State that the
Secretariat is yet to receive their submission on admissibility.
14. A fax message was received by the Secretariat on 14 March 2005, from the Respondent State
th
requesting a postponement of consideration of the communication on admissibility to the 38 Ordinary
Session.
15. The Secretariat acknowledged receipt of the above mentioned fax and forwarded the decision of
th
the 36 Ordinary Session of the African Commission to the Ministry of Foreign Affairs by Note Verbale
dated 13 December 2004 and urged the Respondent State to submit on admissibility so that a
decision could be taken at the next session of the African Commission.
16. In this respect, the Secretariat requested the Respondent State if they could make their
submissions on admissibility with respect of all pending communications by 18 April 2005. The
Secretariat also asked the Respondent State to inform it whether the government of Zimbabwe would
like to make oral submissions, so that it can advise the Complainants and the Members of the
Commission accordingly.
th
17. During its 37 Ordinary Session, held from 27 April to 11 May 2005, in Banjul, The Gambia, the
African Commission considered the said communication and deferred consideration thereof to its
th
38 Ordinary Session pending the Respondent State’s submissions of its arguments on admissibility.
18. On 24 May 2005, the Secretariat informed both parties about the Commission’s decision. The
Secretariat also reminded the Respondent State that it had not submitted its submissions on
admissibility requested it to do so before 15 October 2005 so that the Commission could decide on the
admissibility at its forthcoming session.
19. On 13 October 2005, the Secretariat reminded to the Respondent State to submit its argument on
th
admissibility, for consideration during the 38 Ordinary Session to be held from 21 November to 05
December 2005 in Banjul, The Gambia.