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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.