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

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Section III - Procedures to Determine Admissibility

Rule 113 - Time Limits for Consideration of the Admissibility

The Commission shall decide, as early as possible and pursuant to the following provisions, whether or not the communication shall be admissible under the Charter.

Rule 114 - Order of Consideration of the Communication

1. Unless otherwise decided, the Commission shall consider the communications in the order they have been received by the Secretariat.

2. The Commission may decide, if it deems it good, to consider jointly two or more communications.

Rule 115 - Working Groups

The Commission may set up one or more working groups; each composed of three of its members at most, to submit recommendations on admissibility as stipulated in Article 56 of the Charter.

Rule 116 - Admissibility of the Communications

The Commission shall determine questions of admissibility pursuant to Article 56 of the Charter.

Rule 117 - Additional Information

1. The Commission or a working group set up under Rule 113, request the State party concerned or the author of the communication to submit in writing additional information or observations relating to the issue of admissibility of the communication. The Commission or the working group shall fix a time limit for the submission of the information or observations to avoid the issue dragging on too long.

2. A communication may be declared admissible if the State party concerned has been given the opportunity to submit the information and observations pursuant to paragraph 1 of this Rule.

3. A request under paragraph 1 of this Rule should indicate clearly that the request does not mean any decision whatsoever has been taken on the issue of admissibility.

4. However, the Commission shall decide in 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 the communication.

Rule 118 - Decision of the Commission on Admissibility

1. If the Commission decides that a communication is inadmissible under the Charter, it shall make its decision known as early as possible, through the Secretary to the author of the communication and, if the communication has been transmitted to a State party concerned, to that State.

2. If the Commission has declared a communication inadmissible under the Charter, it may reconsider this decision at a later date if it receives a request for reconsideration.

SECTION IV - Procedures for the Consideration of Communications

Rule 119 - Proceedings

1. If the Commission decides that a communication is admissible under the Charter, its decision and text of the relevant documents shall as soon as possible, be submitted to the State party concerned, through the Secretary. The author of the communication shall also be informed of the Commission's decision through the Secretary.

2. The State party to the Charter concerned shall, within the 3 ensuing months, submit in writing to the Commission, explanations or statements elucidating the issue under consideration and indicating, if possible, measures it was able to take to remedy the situation.

3. All explanations or statements submitted by a State party pursuant to the present Rule shall be communicated, through the Secretary, to the author of the communication who may submit in writing additional information and observations within a time limit fixed by the Commission.

4. States parties from whom explanations or statements are sought within specified times shall be informed that if they fail to comply within those times the Commission will act on the evidence before it.

Rule 120 - Final Decision of the Communication

1. If the communication is admissible, the Commission shall consider it in the light of all the information that the individual and the State party concerned has submitted in writing; it shall make known its observations on this issue. To this end, the Commission may refer the communication to a working group, composed of 3 of its members at most, which shall submit recommendations to it.

2. The observations of the Commission shall be communicated to the Assembly through the Secretary General and to the State party concerned.

3. The Assembly or its Chairman may request the Commission to conduct an in-depth study on these cases and to submit a factual report accompanied by its findings and recommendations, in accordance with the provisions of the Charter. The Commission may entrust this function to a Special Rapporteur or a working group.

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