II.
Procedure:
29. Based on the records and evidence provided by the Complainant, the Complaint,
was originally submitted to the Commission by email and fax on 5th October 2011 8
and by email on 25 July 20129, but due to technological challenges, it was only
received physically by the Secretariat on 24 April 2015 during the 56th Ordinary
Session held from 21 April - 07 May 2015. 10 Upon request by the Secretariat on
1O November 2015, 11 additional information on the Complaint was provided on 9
February 2016, receipt of which was acknowledged on 11 February 2016.
30. During its 58th Extra-Ordinary Session held from 6-20 April 2016, the Commission
examined the Complaint and decided to be seized thereof.
31. On 26 April 2016, the parties were notified of the Commission's decision, with a
request to the Complainant to file written arguments and evidence on the
Admissibility of the Communication within two months of notification in terms of
Rule 105(1) of the Commission's 2010 Rules of Procedure.
32. On 16 May 2016, the Complainant forwarded his submissions on Admissibility, and
this was transmitted to the Respondent State on 26 May 2016, by which
correspondence the Respondent State was also requested to forward its
submission on Admissibility within 2 months of notification, in accordance with Rule
105(2) of the Commission's 2010 Rules of Procedure.
33. At its 20th Ordinary Session, the Commission deferred consideration of the
Communication, pending submission on Admissibility by the Respondent State
within the prescribed timeline, and on 27 June 2016, both parties were duly
informed of this decision. On 7 September 2017, the Secretariat of the Commission
resent to the Respondent State, the correspondence of 26 May transmitting the
Admissibility Submission, together with the said submissions. However, the
Respondent State failed to make the required submissions within the deadline or
at all.
34. Between the 59th Ordinary Session held from 21 October to 4 November 2016 and
its 73rd Ordinary Session held from 21 October to 10 November 2022, the
Commission deferred consideration of the Communication.
35. During the 74th Ordinary Session, held in Banjul, The Gambia, from 21 February
to 07 March 2022, the Communication was declared admissible.
8
Email evidence provided as Annex II to the Admissibility submission.
9 Follow-up emails are attached as Annex IV to the Admissibility submission.
10 Minuted physical copy available on file in the Secretariat's record.
11 Letter Ref. ACHPR/COMPT/1707/15, dated, 10111 November 2015.
7