both parties to make their submissions on the Merits of the Communication.
On 11 December 2008, both parties were informed of the decision and
subsequently requested to submit their arguments on the Merits of the
Communication within three months on or before 11 March 2009.
15. On various dates between January and March 2009, the Complainants
requested and were granted extension to make their submissions three weeks
outside the set deadline. The Complainants submissions were therefore due on
1 April 2009. On 27 March 2009, the Commission requested the State to make
its submissions on the Merits of the Communication ‘without further delay’
and subsequently informed it of its intention to take a decision at its 45 th
Ordinary Session scheduled from 13 to 28 May 2009 in Banjul, The Gambia
and requested it to submit its arguments on the Merits of the Communication
without further delay.
16. On 1 April 2009, the Secretariat of the Commission received an email from
Complainants
transmitting
their
submissions
on
the
Merits
of
the
Communication to the Commission. The Commission acknowledged receipt of
the Complainants’ submissions on 6 April 2009 and informed the Complainant
of its decision to forward the same to the Respondent State for their comments.
On 9 April 2009, the Respondent State acknowledged receipt of the
Commission’s Note Verbale of the 27 March 2009, and joined issues with the
Commission on alleged procedural lapses, stating that the Admissibility
decision was taken without the involvement of the Respondent State. On 16
April 2009, the Secretariat of the Commission acknowledged receipt of the
Respondent State’s Note Verbale dated 9 April 2009 and informed the
Respondent State that the issues raised by the Respondent State would be
tabled before the Commission during its 45th Ordinary Session scheduled for
13 to 28 May 2009, in Banjul, The Gambia.
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