Ordinary Session. On 23 December 2004, the Secretariat informed the
Parties about this decision.
23. At its 37th Ordinary Session, the Commission granted a hearing to the
Complainants, and after considering the Communication, declared it
admissible. On 28 June 2005, the Secretariat informed the Parties about the
decision and requested them to make their submissions on the merits
within three (3) months. A reminder was sent to the Parties on 10 October
2005.
24. At the 38th Ordinary Session, the Commission decided to defer its decision
on the merits to the 39th Ordinary Session. On 15 December 2005, the
Secretariat informed the Parties about the décision and reminded them to
make their submissions on the merits within three (3) months. A new
letter was sent as a reminder on 13 March 2006.
25. At the 39th Ordinary Session, the Commission considered the
Communication and decided to defer its decision on the merits to the 40th
Ordinary Session. On 30 October 2006, the Secretariat notified the Parties
about the above-mentioned decision and requested them once again to
present their memoranda on the merits in the shortest possible time.
26. Between its 40th Ordinary Session held between 15 and 29 November 2006
in Banjul, The Gambia, and 25 September 2012, the final date for the
submission of the memoranda, the Commission considered the
Communication at its successive sessions and deferred it at various times
for failure to receive the written submissions of the Parties on the merits.
27. During this period, on 17 July 2007, the Complainants appealed to the
Commission to intercede with the authorities of the Democratic Republic
of Congo for the latter to provide a copy of the judgment of the Military
Court as it was critical for the drafting of their submissions on the merits
of the case. In this regard, the Secretariat acted on the said request in a
Note Verbale, dated 17 September 2007. The Respondent State was
reminded to forward its submissions on the merits.
28. On 20 August 2012, the Complainants forwarded their submissions on the
merits to the Secretariat. On 25 September 2012, the Secretariat
acknowledged receipt of the said submissions and forwarded a copy to
the Respondent State by indicating a new deadline of sixty (60) days for
the submission of its reply and to transmit a copy of the Military Court’s
judgment.
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