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African Commission on Human and Peoples' Rights - Rules of Procedure

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Chapter XVII - Other Communications Procedure for the Consideration of the Communications Recieved in Conformity with Article 55 of the Charter

Section I - Transmission of Communications To the Commission

Rule 102 - Seizing of the Commission

1. Pursuant to these Rules of Procedure, the Secretary shall transmit to the Commission the communications submitted to him for consideration by the Commission in accordance with the Charter.

2. No communications concerning a State which is not a party to the Charter shall be received by the Commission or placed in a list under Rule 103 of the present Rules.

Rule 103 - List of Communications

1. The Secretary of the Commission shall prepare lists of communications submitted to the Commission pursuant to Rule 101 above, to which he/she shall attach a brief summary to their contents and regularly cause the lists to be distributed to members of the Commission. Besides, the Secretary shall keep a permanent register of all these communications which shall be made public.

2. The full text of each communication referred to the Commission shall be communicated to each member of the Commission on request.

Rule 104 - Request for Clarifications

1. The Commission, through the Secretary, may request the author of a communication to furnish clarifications on the applicability of the Charter to his/her communication, and to specify in particular:

a) His name, address, age and profession by justifying his very identity, if ever he/she is requesting the Commission to be kept anonymous;
b) Name of the State party referred to in the communication;
c) Purpose of the communication;
d) Provision(s) of the Charter allegedly violated;
e) The facts of the claim;
f) Measures taken by the author to exhaust local remedies, or explanation why local remedies will be futile;
g) The extent to which the same issue has been settled by another international investigation or settlement body.

2. When asking for clarification or information, the Commission shall fix an appropriate time limit for the author to submit the communication so as to avoid undue delay in the procedure provided for by the Charter.

3. The Commission may adopt a questionnaire for the use by the author of the communication in providing the above-mentioned information.

4. The request for clarification referred to in paragraph 1 of this rule shall not prevent the inclusion of the communication on the lists mentioned in paragraph 1 of Rule 102 above.

Rule 105 - Distribution of Communications

For each communication recorded, the Secretary shall prepare as soon as possible, a summary of the relevant information received, which shall be distributed to the members of the Commission.

Section II - General Provisions Governing the Consideration of the Communications by the Commission or its Subsidiary Bodies

Rule 106 - Private Session

The sessions of the Commission or its subsidiary bodies during which the communications are examined as provided for in the Charter shall be private.

Rule 107 - Public Sessions

The sessions during which the Commission may consider other general issues, such as the application procedure of the Charter, shall be public.

Rule 108 - Press Releases

The Commission may issue, through the Secretary and for the attention of the media and the public, releases on the activities of the Commission in its private session.

Rule 109 - Incompatibility

1. No member shall take part in the consideration of a communication by the Commission

a) If he/she has any personal interest in the case, or
b) If he /she has participated, in any capacity, in the adoption of any decision relating to the case which is the subject of the communication.

2. Any issue relating to the application of paragraph 1. above shall be resolved by the Commission.

Rule 110 - Withdrawal of a Member

If, for any reason, a member considers that he/she should not take part or continue to take part in the consideration of a communication, he/she shall inform the Chairman of his/her decision to withdrawal.

Rules 111 - Provisional Measures

1. Before making its final views know to the Assembly on the communication, the Commission may inform the State party concerned of its views on the appropriateness of taking provisional measures to avoid irreparable damage being caused to the victim of the alleged violation. In so doing, the Commission shall inform the State party that the expression on its views on the adoption of those provisional measures does not imply a decision on the substance of the communication.

2. The Commission, or when it is not in session, the Chairman, in consultation with other members of the Commission, may indicate to the parties any interim measure, the adoption of which seems desirable in the interest of the parties or the proper conduct of the proceedings before it.

3. In case urgency when the Commission is not in session, the Chairman in consultation with other members of the Commission, may take any necessary action on behalf of the Commission. As soon as the Commission is again in session, the Chairman shall report to it on any action taken.

Rule 112

Prior to any substantive consideration, every communication should be made known to the State concerned through the Chairman of the Commission, pursuant to Article 57 of the Charter

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