672 AFRICAN COURT LAW REPORT VOLUME 1 (2006-2016) 26. At its 37th Ordinary Session held from 18 May to 5 June 2015, the Court received the Respondent State’s Response and, in the interest of justice, decided to accept the same even though it was submitted out of time. 27. On 2 June 2015, the Respondent’s Response was transmitted to the Applicant who, by email dated 8 June 2015, notified the Registry of its intention not to file a Reply to the Respondent State’s Response. The Applicant prayed the Court to render its decision on the basis of the initial Application, the additional pleadings and the annexes submitted on 15 April 2015. 28. At its 38th Ordinary Session held from 31 August to 18 September 2015, the Court decided, pursuant to Rule 45(2) of the Rules33 and paragraph 45 of its Practice Directions, to solicit the opinion of the African Union Commission and the African Institute for International Law on the question as to whether the African Charter on Democracy is a human rights instrument within the meaning of Article 3 of the Protocol. 29. The two institutions transmitted their opinions on 29 October 2015 and 7 January 2016, respectively. 30. On 8 January 2016, the Registry notified the Parties of the closure of written procedure and of the date set for a Public Hearing. 31. On 8 February 2016, the Respondent State filed, out of time, additional observations in which it raised objections to the admissibility of the Application. After deliberation, the Court decided to accept the observations, in the interest of justice. 32. On 15 February 2016, the Registry transmitted the Respondent State’s observations to the Applicant and invited the latter to file its observations. 33. On 18 May 2016, the Registry obtained from the Commission confirmation that the NGO, APDH, indeed has Observer Status before it, in accordance with Article 5(3) of the Protocol. 34. On 3 March 2016, the Court had a Public Hearing during which the Judges44 heard the oral pleadings of the Parties: For the Applicant: Mr Guizo Bernard TAKORE, President, APDH Judicial Committee. For the Respondent State: 1) 2) 3 4 Mr Moussa SEFON, Justice Advisor, Office of the President of the Republic; Mr Mamadou DIANE, Human Rights and Humanitarian Action Advisor, Office of the President of the Republic; The Court may ask any person or institution of its choice to obtain information, express an opinion or submit a report to it on any specific point. The Court on its own motion may invite an individual or organization to act as amicus curiae in a particular matter pending before it.

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