pending determination of the complaint, in accordance with Rule 98 of the
Commission’s Rules of Procedure.
Procedure
16. The Secretariat received the Complaint on 26 January 2016, and acknowledged receipt
on 05 February 2016. The Communication was seized during the 19th Extra-Ordinary
Session of the Commission, which was held from 16 to 25 February 2016, in Banjul,
The Gambia. However, the Commission did not grant the Complainant’s request for
provisional measures because the Complainant did not demonstrate an impending
danger of irreparable harm to the Victim, as required under Rule 98(1) of the
Commission's Rules of Procedure.
17. On 21 March 2016, the Complainant was informed of the Commission’s decision to be
seized of the matter and was requested to present evidence and arguments on
admissibility within two months, while the Respondent State was informed of the
seizure through a Note Verbale dated 21 March 2016.
18. On 06 June 2016 the Secretariat received the Complainant’s submissions on
Admissibility, which were transmitted to the Respondent State on 07 June 2016.
19. On 15 July 2016, the Respondent State’s submissions on Admissibility were received
by the Secretariat, and duly transmitted to the Complainant on 26 July 2016.
20. On 18 August 2016, the Secretariat received the Complainant’s additional
observations on admissibility, submitted in accordance with Rule 105(3) of the
Commission’s Rules of Procedure.
21. Letters were sent to the parties following the 59th and 60th Ordinary Sessions.
Admissibility
The Complainant’s Submissions on Admissibility
22. The Complainant submits that the Complaint fulfils all the requirements of Article 56
of the African Charter.
23. Regarding Articles 56(1), (2) and (3), the Complainant states that these requirements
have been met in the present Communication. Regarding Article 56(4), the
Complainant submits that the Complaint is based on the entire judicial process,
accordingly this criteria of Admissibility has been met.
24. With regard to the exhaustion of local remedies, the Complainant notes that appeals
from the Court of Appeal and the Supreme Court are submitted to the Judicial
Committee of the Privy Council (the Judicial Committee), in any civil or criminal
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