Rule 116 Interpretation of the Charter by the Commission
1. If the Commission is requested to interpret the Charter under Article 45(3), it shall immediately inform
the President of the Court.
2. A copy of the interpretation of the Charter by the Commission shall be sent to the President of the Court
as soon as it is adopted.
Rule 117 Advisory Opinion
The Commission may request to be heard by the Court upon being notified by the Court of a request for an
Advisory Opinion pursuant to Article 4(1) of the Protocol.
Rule 118 Seizure of the Court
1. If the Commission has taken a decision with respect to a communication submitted under Articles 48,
49 or 55 of the Charter and considers that the State has not complied or is unwilling to comply with its
recommendations in respect of the communication within the period stated in Rule 112(2), it may submit
the communication to the Court pursuant to Article 5 (1) (a) of the Protocol and inform the parties
accordingly.
2. If the Commission has made a request for Provisional Measures against a State Party in accordance
with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the
Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and
inform the Complainant and the State concerned.
3. The Commission may, pursuant to Rule 84(2) submit a communication before the Court against a State
Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as
provided for under Article 58 of the African Charter, has come to its attention.
4. The Commission may seize the Court at any stage of the examination of a communication if it deems
necessary.
Rule 119 Admissibility under Article 6 of the Protocol
1. Where, pursuant to Article 6 of the Protocol, the Commission is requested to give its opinion, on the
admissibility of a communication pending before the Court or where the Court has transferred a
communication to the Commission, it shall consider the admissibility of this matter in accordance with
Article 56 of the Charter and Rules 105, 106 and 107 of the present Rules.
2. Upon conclusion of the examination of the admissibility of the communication referred to it under Article
6 of the Protocol, the Commission shall immediately transmit its opinion or its decision on the admissibility
to the Court.
Rule 120 Representation of the Commission before the Court
When the Commission decides to submit a communication to the Court, pursuant to Article 5(1) (a) of the
Protocol and Rule 118, it may appoint one or more Commissioners to represent it before the Court. The
Commissioner(s) so designated shall be assisted by one or more Legal Officer(s) of the Commission's
Secretariat and/or experts who shall be designated or appointed by the Commission.
Rule 121 Content of the Application and File to the Court
1. When, in pursuance of Article 5 (1) (a) of the Protocol and Rule 120 of the present Rules, the
Commission decides to bring a communication before the Court, it shall submit an application seizing the
Court in accordance with the Court Rules, accompanied by a summary of the communication and the
communication file.
2. The summary shall include the names of the representatives of the Commission, the facts of the
communication and all the relevant provisions of the African Charter which have been violated.
3. Where necessary, the summary shall include:
a) The date on which the Commission adopted its decision, or adopted and sent the request for Provisional
Measures;
b) The facts which reveal serious or massive violations;
c) The date on which the decision of the Commission was transmitted to the State Party concerned;
d) Information relating to the deadline stipulated under Rule 113 of the present Rules ; and
e) The parties to the proceedings before the Commission, if applicable.
4. The communication file along with the summary to be transmitted to the Court shall contain all the
evidence, documents or information concerning the communication including documents relating to any
attempts to secure a friendly settlement, and the Commission's decision.
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