which took place from 24 April to 14 May 2019, to a later session. The Secretariat
also indicated that the extended deadline for the Respondent's written
submissions on the merits had expired on 14 April 2019, and therefore it was no
longer possible for the Respondent State to make submissions on the merits of
the Communication.
33. On 30 October 2020, the Secretariat received a correspondence from the
Respondent State requesting that the Secretariat furnish a detailed reference of
the Communication. On 16 November 2020, the Secretariat acknowledged
receipt and indicated the Note Verbales earlier transmitted to the Respondent
State.
34. A decision on the merits was deferred from the 65th Ordinary Session to 31st
Extra-ordinary Session of the Commission.
Determination on the Preliminary Objection
35. The Complainant in its additional observations on the admissibility
submissions of the Respondent State raised a preliminary objection to the
permissibility of the Respondent State's admissibility submissions. The
assertion of the Complainant is that in accordance with Rule 103(1) of the
Commission's Rules of Procedure, submissions should be made within two
months, but that the State only submitted on admissibility five months after this
deadline had expired. The Complainant submits that this is an abuse of process
and that the State's submissions on admissibility should not be considered.
36. The Commission considered this objection, and determined that in line with its
the current practice, where the Communication is still pending before the
Commission for w hatever reason, and the State submits, even if it is outside of
the provided time limits, that it would view this as an indication of political will
on the side of the State to participate in the Communications process, and that
the submissions would be allowed. Contrarily, where a State is out of time to
submit, and the Commission had already proceeded to make a determination
on the said Communication, the submissions of the State would not be
considered. In the current case the Respondent State submitted some months
outside of the given timeframe, however, since the Commission had not yet
made a determination on admissibility at that point, this would not result in the
Commission disregarding the State's submissions on admissibility.
37. This allowance is made on the basis of the view of the Commission that, firstly,
it is in the interest of justice to hear the versions of both Parties to the
Communication. Secondly, as seen from t ~=;;..,;:.:::~ he decisions of the
age States in the
Commission, the Commission has in the
iates efforts by
Communications process, and the Co
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