Procedure before the African Commission
14. The communication was hand-delivered to the Secretariat of the African Commission on
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12 November 2003.
15. On 4 December 2003, the Secretariat acknowledged receipt of the communication and informed
the Complainants that the matter would be scheduled for consideration by the African Commission at
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its 35 Ordinary Session.
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16. At its 35 Ordinary Session held in Banjul, The Gambia, from 21 May - 4 June 2004, the
African Commission decided to be seized of the communication.
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17. By Note Verbale of 15 June 2004 addressed to the Respondent State and by letter of the same
date addressed to the Complainant, the African Commission invited both parties to submit arguments
on the admissibility of the communication.
18. By Note Verbale dated 16 September 2004 addressed to the Respond[ent] State and by letter of
the same date addressed to the Complainant the Secretariat of the African Commission reminded both
parties to submit their arguments on admissibility.
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19. On 20 September 2004 the Secretariat of the African Commission received a Note Verbale from
the Respondent State requesting that it be allowed to submit its arguments on admissibility by
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30 October 2004.
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20. By Note Verbale dated 23 September 2004, the Secretariat of the African Commission accepted
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the Respondent State’s request that it submit its arguments on admissibility by 30 October 2004.
21. On 4 October 2004, the Secretariat received a supplementary brief and arguments on
admissibility on the communication from the Complainant.
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22. By letter dated 7 October the Secretariat of the African Commission acknowledged receipt of the
supplementary brief and arguments on admissibility submitted by the Complainant and by Note
Verbale of the same date the Secretariat sent a copy of the said document to the Respondent State.
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23. On 28 October 2004, the Secretariat of the African Commission received a Note Verbale from
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the Respondent State dated 25 October 2004 indicating that it received the supplementary brief of
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the Complainant only on 20 October and it may not be able to submit its arguments by 30 October
2004 since the Supplementary Brief raises issues on the merits.
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24. By Note Verbale dated 29 October 2004, the Secretariat wrote to the Respondent State
informing it that as the matter is still at the admissibility stage, the Respondent State can submit its
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argument on admissibility for consideration by the African Commission at the 36 Ordinary Session.
25. On 29 October 2004, the Secretariat received the submission from the Respondent State and by
Note Verbale of 3 November 2004 acknowledged receipt thereof.
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26. By letter of 3 November 2004, the Secretariat of the African Commission forwarded the
response of the State to the Complainant.
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27. On 24 November 2004 the Complainant submitted a rejoinder to the State’s response and this
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was also hand-delivered to the State delegation attending the 36 Ordinary Session of the
Commission.
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28. At its 36 Ordinary Session held in Dakar, Senegal, the African Commission heard both parties
on the question of provisional measures and decided to grant the Complainants’ request for
provisional measures which called on the Respondent State to return the seized equipment of ANZ.
The African Commission deferred its decision on admissibility pending the State’s response to the
Complainant’s rejoinder which was handed to the State during the session.
29. By Note Verbale of 25 December 2004, the State wrote to the Secretariat seeking clarification on
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the deadline it was expected to make its submission. By Note Verbale of 16 December 2004, the
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Secretariat informed the State that the communication will be considered at the 37 Ordinary Session
of the African Commission.
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30. By letter of 16 December 2004, the Secretariat informed the Complainant of the African
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Commission’s decision taken at its 36 Ordinary Session in Dakar, Senegal.
31. By Note Verbale of 16 February 2005, the Secretariat reminded the State to submit its arguments
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on admissibility before 16 March 2005.