In The Matter Of
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
THE GREAT SOCIALIST LIBYAN PEOPLE'S ARAB JAMAHIRjYA
Application No. 004/2011
The Court composed of: NIYUNGEKO. President; Sophia A.B. AKUFFO. Vice President Jean MUTSINZI. Bernard M. NGOEPE, Modibo T. GUINOO, Fatsah OUGUERGOUZ, Joseph N. MULENGA, Augustino S.L. TAMBALA. Elsie N. THOMPSON and Sylvain ORE- Judges; and Robert ENO-Actingi Regerar.
IN THE MATTER OF
AFRICAN COW'SSION ON NUNN AND PEOPLES' RIGHTS
TYE GREAT SOCIALIST LIBY AN PEOPLES ARAB JAMAHIRIYA
Makes the Following order.
1. By an application dated 3rd of March 2011, the African Commission on Human and peoples’ Righs (hereinafter referred to as the Applicant”) brought before the Court a case against Socialist Great Libyan Peoples Arab Jamahiriya (hereinafter referred to as “the Respondent”),
2. In accordance with Rule 34 (6) Of the Rules of Court, the Registry served a copy of the application on the Respondent by the courier and e-mail at 22nd March. 2011
3. The Respondent had thirty (30) days “of receipt of the application” to indicate the names and addresses of its representatives under Rule 35(4)(a) and also had sixty (60) days in which to respond to the application in accordance with Rule 37 of the Rules of Court.
4. By a note verbal dated 15th April 2011, the Respondent sent the names of its representatives.
5. By a note verbal dated 17th May, 2011, the Respondent requested for an extension of time by three weeks “for the finalization of the response and announcement of the names and addresses of its representatives”.
6. By a letter dated 18th May, 2011. The Registry acknowledged receipt of the verbal and informed the Respondent that the request would be considered by the Court at its 21st Ordinary Session in June, 2011.
7. On 8th June 2011, during the Ordinary Session and before the Court had considered the request for an extension of time the Registry received both the Respondents indication of the name and address of its representatives and also its response dated 7th June 2011.
8. Rule 37 permits the Court to extend the time for a response “if the need arises” However, there is no such provision with respect of indication of names and addresses of representatives under Rule 35(4)(a).
9. Despite the lacuna, the Court its of the opinion that it has inherent powers to extend time in the interest of justice.
10. On these bases the court accedes to the respondents request and accordingly decides to extend the deadline to June 8 2011 date on which the court received the Respondents letter communicating the names and addresses of its representatives and its response to the application.
Done at Arusha the sixteenth day of June in Two Thousand and Eleven in Arabic, English and French the English text being authorative.
Gerard NIYUNGEKO, President
Robert ENO Acting Register