10. During its 34th Ordinary Session held in November 2003 in Banjul, The Gambia,
the African Commission considered the Communication and decided to be
seized thereof.
11. On 2 December 2003, the Secretariat of the Commission wrote to the
Complainant informing the latter that the Commission was seized of the
communication. The Complainant was also asked whether besides the
arguments on admissibility raised in the initial letter there were additional
submissions on admissibility. It was also requested to submit a copy of the
Decree establishing the Military Court and a copy of the decisions issued in
respect of the Victims.
12. By Note Verbale sent on 15 December 2003, the Secretariat of the African
Commission notified the Respondent State of its decision to be seized of the
matter. A copy of the complaint was attached and the Respondent State was
requested to submit its arguments on admissibility within 3 months.
13. On 12 February 2004, in the absence of any reaction from the Respondent State,
the African Commission forwarded a copy of the Complaint to the Ministry of
Foreign Affairs of the DRC, with a request for acknowledgement, and requesting
its reaction at the earliest possible time.
14. Having received no response from the Respondent State, the Secretariat gave
another copy of the Communication to the Congolese delegation at the 35th
Ordinary Session, held from 21 May to 4 June 2004 in Banjul, The Gambia, and
emphasized the fact that with or without the Respondent State’s reaction, the
African Commission would proceed with examination on admissibility of the
Communication at its 36th Session.
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