21.
On the default of one of the parties, the Court notes that on 11 May 2017, the
Respondent State indicated its intention to suspend its participation in the Court’s
proceedings and requested the cessation of transmission of documents relating
to the proceedings in the pending cases concerning
these
requests,
the Respondent
State voluntarily
it. The Court notes that, by
refrained from
exercising
its
defence.
22. With respect to the other party's request for a Judgment in default, the Court notes
that in the present case it should, in principle, have given a Judgment
only at the request of the Applicant.
However,
in default
the Court considers that, for the
sake of proper administration of justice, the decision to rule in default falls within
its judicial discretion.
In any event, the Court renders Judgment
in default suo
motu where the conditions laid down in Rule 55(2) are fulfilled®.
23.
Lastly, with regard to the notification of the defaulting party, the Court notes that
the Application was filed on 24 February 2017. It further notes that from 29 March
2017,
the
date
Respondent
Registry
of transmission
State, to 19 March
notified the
of the
2020,
Respondent
notification
of the
Application
to the
the date of closure of the pleadings, the
State
of all the pleadings
submitted
by the
Applicant. The Court thus concludes that the defaulting party was duly notified.
24.
On the basis of the foregoing,
the Court will now determine whether the other
requirements set forth under Rule 55 of the Rules are fulfilled, that is: whether it
has jurisdiction, whether the application is admissible and whether the Applicant's
claims are founded in fact and in law.4
Vi.
JURISDICTION
25.
Article 3(1) of the Protocol provides as follows:
3 See African Commission on Human and Peoples’ Rights (Saif Al-Islam Kadhafi) v. Libya (Merits) (2016)
1 AFCLR 153, §§ 38-42.
4 Ibid, § 42.