16. At the 19th Extra-Ordinary Session, held from 16 to 25 February 2016 in Banjul, The
Gambia, the Commission considered the Communication and decided to be seized
thereof and issued provisional measures.
17. The Communication was declared admissible during the 24th Extra-Ordinary
Session, held from 30 July to 08 August 2018, in Banjul, The Gambia.
18. On 18 September 2018, the Parties were informed of the decision to declare the
Communication admissible. The letter to the Complainants also requested
submission of arguments on the merits of the Communication within sixty (60)
days of the notification, as required by Rule 108(1) of the Rules of Procedure (2010).
19. On 03 February 2021, the Complainants were informed that the Commission
decided to grant 30 additional days to transmit the relevant submissions, failing
which the Communication would be struck out for lack of diligent prosecution.
20. On 17 May 2021, the Secretariat informed the Complainants that the
Communication would be tabled for striking out for want of diligent prosecution,
on account of the failure to respond to the Commission's request for submissions
on the merits of the Communication, and further that the deadline for doing so
had passed.
Analysis of the Commission on Strike Out:
21. Rule 108(1) of the Commission's Rule of Procedure (2010) provides that once a
Communication has been declared admissible, the Commission shall set a period
of sixty (60) days for the Complainant to submit observations on the merits.
22. Additionally, Rule 113 of the Commission's Rules of Procedure (2010) provides
that when a deadline is fixed for a particular submission, either Party may apply
to the Commission for an extension of the stipulated period and the Commission
may grant the said application.
23. In the present Communication, on 18 September 2018 the Complainants were
requested to present evidence and arguments on the merits of the Communication
within two (2) months. Furthermore, the Complainants were granted an additional
thirty (30) days to transmit the relevant submissions, failing which the
Communication would be struck out for lack of diligent prosecution; however to
date the Complainants have not presented any evidence and arguments within the
stipulated time and neither did they apply for an extension.