9. When it considers it in the interest of the proper conduct of a hearing, the Commission may limit the
number of parties' representatives or advisers who may appear.
10. The parties shall inform the Commission at least ten days before the date of the opening of the hearing
of the names and functions of the persons who will appear on their behalf at the hearing.
11. The Chairperson or his or her representative shall preside over the hearing, and shall verify the identity
of any persons before he/she is heard.
12. Any member of the Commission may put questions to the parties or to the persons heard with the
permission of the Chairperson.
13. Parties to the communication or their representatives may, with the permission of the Chairperson, put
questions to any person heard.
14. The Secretary is responsible for the production of verbatim records of hearings before the Commission.
Such records are internal working documents of the Commission. If a party to the communication so
requests, the Commission shall provide a copy of such records unless, in the view of the Commission,
doing so could create a danger to persons heard.
15. The State Party to the Communication shall make an undertaking not to victimise or to take any
reprisals against the Complainant and/or any person representing them or their family members, or
witnesses because of their statements before the Commission.
16. The Commission may receive amicus curiae brief on communication. During the hearing of a
Communication in which amicus curiae brief has been filed, the Commission, where necessary shall permit
the author of the brief or the representative to address the Commission.
Rule 100 Witnesses and Experts
1. The Commission shall determine, at its own initiative, or at the request of one of the parties, when to call
independent experts and witnesses of the parties to the Communication whom it considers necessary to
hear in a given case. A request to call a witness by one of the parties shall not be rejected unless the
Commission has good reasons to believe that such a request constitutes an abuse of process. The
invitation to the hearing shall indicate:
a) The parties to the Communication;
b) A summary of the facts or issues in relation to which the Commission desires to hear the witness or
expert.
2. Any such person may, if they do not have sufficient knowledge of the working languages of the
Commission, be authorised by the Chairperson to speak in any other language to be interpreted in one of
the Working Languages of the Commission.
3. After establishing the identity of the witnesses or experts the Chairperson of the Commission shall
request them to take the following oath:
a) For witnesses "I swear/affirm that I will speak the truth, the whole truth and nothing but the truth".
b) For the experts "I swear/affirm that my statement will be in accordance with my knowledge, findings and
sincere belief".
4. The State Party to the communication shall give an undertaking not to victimise or persecute the
witnesses or experts, or carry out reprisals against them or their family members because of their
statements or expert opinions given before the Commission.
Rule 101 Inability of a Member of the Commission to Take Part in the Examination of a Communication
1. A member of the Commission shall not be present and take part in the consideration of a Communication
if he or she:
a) is a national of the State Party concerned;
b) has any personal interest in the case;
c) is engaged in any political or administrative activity or any professional activity that is incompatible with
his or her independence or impartiality;
d) has participated in any capacity in any decision at the national level in relation to the Communication; or
e) has expressed publicly opinions that might be interpreted as reflecting lack of impartiality with respect to
the Communication.
2. Any question that may arise under paragraph 1 above shall be decided by the Commission without the
participation of the member concerned.
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