r.f}) ACHPR
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�:; African Commission on
cw.:.;:r.' ,. Human and Peoples' Rights
Human Rights our
Co!lective Responsibility
17. To date, the Complainants have not submitted evidences and arguments on
Admissibility. Accordingly, the Commission decided to strike out the
Communication for want of diligent prosecution during its 74th Ordinary
Session.
Analysis of the Commission on strike out:
18. Rule 105(1) of the Commission's Rule of Procedure (2010) provides that when
the Commission is seized of a Complaint, it shall request the Complainant to
present evidence and arguments on the admissibility of the Communication
within two (2) months.
19. Rule 113 provides that when a deadline is fixed for a particular submission,
either party may apply to the Commission for extension of the period
stipulated. The Commission may grant an extension of time for a period not
longer than one (1) month.
20. In the present Communication, the Complainants were requested to present
evidence and arguments on the admissibility of the Conununication within
two (2) months from the date of notification of the seizure decision. This period
expired on 13 January 2016. However, the Complainants did not present any
evidence and arguments within the stipulated time and neither did they apply
for an extension.
21. Almost seven (7) years have lapsed since the expiry of the deadline, and no
evidence or arguments have been submitted by the Complainants on the
admissibility of the Communication.
22. For all of these reasons, the Commission considers that there are no grounds
for pursuing the Complaint.
23. The Commission takes note of its jurisprudence, including Communications
594/15 Mohammed Ramadan Mahmoud Fayad Allah v. Arab Republic of Egr;pt;
612/16 Ahmed Mohammed Ali Subaie v. Arab Republic of Egypt; 412/12 Journal
Echos du Nord v. Republic of Gabon and Communication 387/10 Kofi Yamagnane v.
Togo, which were struck out similarly for want of diligent prosecution.
Decision of the African Commission
24. In view of the foregoing, the Commission rules that the Complaint be struck
out.
Adopted at the Seventy-fourth (74th) Ordinary Session of
held in Banjul, The Gambia, from 21 February to 7 March
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