the Parties and requested the Parties to make their written submissions on
Admissibility for consideration at the 35th Ordinary Session.
16. On 2 and 7 December 2003, the Secretariat informed the Complainants
about the decision of the Commission and requested them to make their
submissions on admissibility. The Secretariat further requested them to
submit all their documents in relation to the Complaint, in particular the
disputed decisions delivered by the Military Court. On the same date, the
Secretariat also transmitted a copy of the Communication to the
Respondent State requesting the latter to present its memorandum within
three (3) months.
17. On 11 February 2004, the authors of Communication 282/03 forwarded to
the Secretariat, the Decree on the establishment of the Military Court and
indicated at the same time that the Court had not authorized them to
make a copy of the Decree in contention, on the grounds that « Reasons
have still not been assigned to the judgment ».
18. On 9 March 2004, the Secretariat sent a letter reminding the authors of
Communication 274/03 and the Respondent State to make their
submissions on admissibility. On 18 March 2004, the authors of
Communication 274/03 forwarded their submissions on admissibility.
The said submissions and the related documents were transmitted to the
Respondent State.
19. At the 35th Ordinary Session, the Commission decided to merge
Communications 274/03 Interights and ASADHO v. DRC and 282/03
Madam Odette Disu(Esq) et al v. DRC. The Commission justified its decision
by stating that the two Complaints touch on similar facts and concern the
same victims, i.e. the 135 persons tried by the Military Court as part of the
case referred to as the « Kabila Trial ».
20. At the same Session, the Commission granted hearing to the
Complainants and the Respondent State on admissibility and decided to
defer its decision while awaiting the written submissions of the Parties.
On 18 June 2004, the Secretariat informed the Parties about this decision.
21. On 16 September 2004, the Secretariat received the written submissions of
the Respondent State on admissibility. These submissions were
transmitted to the Complainants on 20 October 2004.
22. At its 36th Ordinary Session, the Commission considered the
Communication and deferred its decision on admissibility to the 37th
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