Congo at the beginning of 2004. 2 By letter dated 28 November 2003, the Secretariat also informed the
Complainants about developments in the case.
13. In January 2004, the Respondent State forwarded its submissions on admissibility of the
Communication to the Secretariat. The Secretariat acknowledged receipt and transmitted same to the
Complainants. On 1 st June 2004, on the margins of the 35 th Ordinary Session of the Commission, the
Complainants submitted their response which was transmitted to the delegation representing the
Respondent State at that session.
14. At the 35 th Ordinary Session, the Commission examined the Communication and declared that it was
admissible. On 13 August 2004, the Secretariat notified the parties about this decision and requested them
to submit their arguments on merits of the Communication.
15. At the 36 th Ordinary Session held from 23 November to 7 December 2004 in Dakar, Senegal, in the
absence of a reaction from the parties, the Commission decided to defer its decision to the 37 th Ordinary
Session. On 20 December 2004, the Secretariat informed the parties about this decision and reminded
them to submit their arguments on the merits of the Communication.
16. At the 37 th Ordinary Session held from 27 April to 11 May 2005 in Banjul, The Gambia, the
Commission considered the Communication. As the submissions of the parties on the merits had not been
received, it decided to defer its decision to its 38 th Ordinary Session. By letters dated 24 June 2005, the
Secretariat notified the parties about the decision and requested them to forward their submissions on the
merits.
17. At the 38 th Ordinary Session held from 21 November to 5 December 2005 in Banjul, The Gambia, the
Commission decided once again to defer its decision as the parties had not yet presented their
submissions. On 6 December 2005, the Secretariat notified the parties about this decision and requested
them to present their memoranda on the merits.
18. On 28 February 2006, the Complainants submitted their arguments on the merits to the Secretariat.
The Secretariat acknowledged receipt of the arguments on 20 March 2006 and transmitted a copy to the
Respondent State on the same date, requesting it to make its submissions within three (3) months.
19. At its 39 th Ordinary Session held from 11 to 25 May 2006 in Banjul, The Gambia, the Commission
decided to postpone its decision to the 40 th Ordinary Session in the absence of arguments by the
Respondent State on the merits. The parties were informed about the Commissions decision by letters
dated 30 June 2006.
20. At its 40 th Ordinary Session held from 15 to 29 November 2006 in Banjul, The Gambia, the
Commission examined the Communication and decided to defer its decision on the merits to its 41 st
ordinary session. The parties were informed accordingly about the postponement on 7 December 2006 and
10 January 2007 respectively. The Respondent State was reminded to present its arguments on the merits.
21. At its 41 st Ordinary Session held from 16 to 30 May 2007 in Accra, Ghana, the Commission examined
the Communication and decided to postpone the merits of the case to the 42 nd Ordinary Session. The
decision on the postponement was communicated to the parties by Note Verbale and by letter dated 20
June 2007. The Secretariat expressly reminded the Respondent State to submit its arguments on the
merits.
22. On 17 September 2007, the Secretariat sent a new Note Verbale to the Respondent State reminding it
that the Commission was still waiting for the submissions on the merits of the Communication, and that if it
failed to react, the Commission would be compelled to take a decision on the basis of information provided
by the Complainants.
23. At the 42 nd Ordinary Session of the Commission held from 15 to 29 November 2007 in Brazzaville,
Congo, the Secretariat received the submissions of the Respondent State on the merits of the
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