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11. At its 35 Ordinary Session which was held from 21 May to 4 June in Banjul, The Gambia, the
African Commission considered the communication and deferred its decision on the admissibility of
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the complaint to its 36 Ordinary Session.
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12. By letters dated 21 June 2004 the Secretariat of the African Commission communicated this
decision to all the parties to the communication and requested them to convey to the Commission, for
all intents and purposes, any extra arguments they may have on admissibility.
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13. On the 27 September 2004, the Secretariat of the African Commission received a letter from the
Complainant in which it outlined its reaction to the arguments put forward by the Respondent State
with regard to the admissibility of the complaint.
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14. On the 11 October 2004, the Secretariat conveyed this memo to the Respondent State.
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15. At its 36 Ordinary Session which took place from 23 November to 7 December 2004 in Dakar,
Senegal, the African Commission examined the complaint and declared it admissible.
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16. By Note Verbale of the 20 December 2004, the Secretariat conveyed this decision to the
Respondent State and invited it to submit its arguments on the merits within three months, to enable it
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examine the complaint at this stage during the 37 Ordinary Session.
17. On this same date a letter had been sent to the Complainant informing it of the African
Commission’s decision and requesting its arguments on the merits of the complaint.
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18. During its 37 Ordinary Session which took place from the 27 April to 11 May 2005 in Banjul,
The Gambia, the African Commission examined the complaint and, granting the request of the
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Respondent State, decided to defer its ruling on the merits of the communication to its 38 Ordinary
Session.
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19. This decision had been conveyed to the Parties to the complaint on the 30 June 2005. On this
occasion, the Secretariat had notably reminded the Respondent State that its arguments on the merits
of the case were still pending.
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20. On the 12 September 2005, in the absence of any reaction from the Respondent State, a
reminder letter had been sent to it.
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21. On the 7 November 2005, the Respondent State conveyed its arguments on the merits of the
communication to the Secretariat.
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22. On the 10 November 2005, the Secretariat acknowledged receipt and conveyed the said
arguments to the Complainant for its reaction.
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23. During the 38 Ordinary Session which was held from 21 November to 5 December 2005 in
Banjul, The Gambia, the African Commission examined the complaint and, in the absence of any
reaction from the Complainant with regard to the supplementary arguments submitted by the
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Respondent State on the merits of the complaint, decided to defer the case to its 39 Session.
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24. On the 10 January 2006, the Secretariat informed the parties of this decision.
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25. On the 23 March 2006, the Secretariat sent a reminder to the Complainant for its reaction to the
memo from the Respondent State on the merits of the case. A copy of the document had been
attached to the reminder letter, for all intents and purposes.
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26. During its 39 Ordinary Session held in Banjul from 11 to 25 May 2006, the Commission
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decided to defer its decision on the merits to its 40 Ordinary Session and so informed the parties by
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letter ACHPR/LPROT/COMM262/2002/RK dated 30 June 2006.
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27. On the 28 September 2006, the Secretariat of the African Commission wrote a letter
ACHPR/LPROT/COMM 262/2002/VC to the Complainant reminding it that its reaction to the
arguments of the Respondent State was still pending.
28. The Complainant has not reacted to the arguments submitted by the Respondent State on the
merits of the complaint. Another reminder had again been sent to it in September 2006 and this also
has remained without response. The African Commission gave a last chance to the Complainant to
react to the arguments submitted by the Respondent State and deferred its consideration of the merits
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of the complaint to the 41 Ordinary Session.
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29. The Complainant, by letter dated 17 November 2006 and sent to the Secretariat of the
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Commission on the 20 November 2006, indicated that it did not have any new arguments to submit
following the Memorandum on the merits presented by the Ivorian Government.