30. On this basis, the Secretariat wrote letters dated 5 June 2006, 10 October 2006, 7
February 2007, and 24 April 2007, requesting the Respondent State to make its
submissions on the admissibility and stipulating time limits within which the
State was to make the requisite submission.
31. Rule 117(2) of the Rules of Procedure of the Commission provides that:
“a Communication may be declared Admissible if the State Party concerned has been given
the opportunity to submit the information and observations pursuant to [Rule 117(1)]”.
32. From the Notes Verbale sent to the Respondent State, it is clear that the
Respondent State had been given the opportunity to make its submissions on the
issue of Admissibility, and in particular, to respond to the Complainants
submissions on same.
33. Rule 117(4) provides that: “the Commission shall decide on the issue of
Admissibility if the State Party fails to send a written response within three (3)
months from the date of notification of the text of Communication. The
Communication was first attached and sent to the Respondent State with a Note
Verbale dated 5 June 2006.
34. In the absence of any submission from the Respondent State, the Commission
hereby makes a decision on the Admissibility of the Communication in line with
its Rules 117(1), (2) and (4).
35. The Commission holds that on the basis of the Complainants’ submission, all the
requirements of Article 56(1) to (7) of the African Charter governing the
Admissibility of Communications have been sufficiently fulfilled.
36. For these reasons, the Commission declares this Communication Admissible.
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