[2011] AfCHPR 35
The Court determined that, although the Rules of Court expressly allow for extension of time for filing a response (Rule 37), they do not provide for extension regarding the indication of names and addresses of representatives (Rule 35(4)(a)). However, the Court found that it possesses inherent powers to extend...
Source-derived case information.
- Citation
- [2011] AfCHPR 35
- Parties
- Applicant: African Commission on Human and Peoples' Rights; Respondent: The Great Socialist Libyan People's Arab Jamahiriya
- Court
- African Court on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Application No. 004/2011
- Procedural Posture
- Application / Interlocutory Order on Extension of Time
- Outcome
- Extension of time granted; respondent's submissions regularized.
- Judges
- and Robert ENO- Acting Registrar
- Legal Topics
- Extension of Time, Court Inherent Powers, Procedural Deadlines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Commission on Human and Peoples' Rights
Applicant
The Great Socialist Libyan People's Arab Jamahiriya
Respondent
Procedural Posture
Application / Interlocutory Order on Extension of Time
Legal Issues
- 1 Whether the Court has the power to extend the deadline for the respondent to indicate the names and addresses of its representatives under Rule 35(4)(a).
- 2 Whether the interest of justice warrants granting the extension requested by the respondent.
Ratio Decidendi
The Court determined that, although the Rules of Court expressly allow for extension of time for filing a response (Rule 37), they do not provide for extension regarding the indication of names and addresses of representatives (Rule 35(4)(a)). However, the Court found that it possesses inherent powers to extend procedural deadlines in the interest of justice. Considering the respondent's request and the circumstances, the Court exercised its inherent jurisdiction to grant the extension, regularizing the respondent's late submission of the names and addresses of its representatives and its response to the application. The deadline was thus extended to the date on which the respondent's...
Court Disposition
Extension of time granted; respondent's submissions regularized.
Orders
- The deadline for the respondent to indicate the names and addresses of its representatives and to respond to the application is extended to 8 June 2011, the date on which the Court received the respondent's submissions.
Full Case Text
Judgment text and source record
30 paragraphs
**UNIÃO APRICANA**
# AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES
F. O Box 6274 Arushn, Tauzania - Telephone: - 255 27 205 0111 Fax. + 255 27 205 0113
# IN THE MATTER OF
# AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
$\bm{V}_{\rm{c}}$
# THE GREAT SOCIALIST LIBYAN PEOPLE'S ARAB JAMAHIRIYA
APPLICATION No. 004/2011
ORDER
$\mathbf{1}$
The Court composed of: Gerard NIYUNGE. KO, President. Sopt\ia AB. AKUFFO, Vice President; Jean MUTSINZI, Bernard M. NGOEPE, Modibo T. GUJNOO, flll9!!11 QUGV!;~GOUZ, Joseph N. MULENGA, Augustine S. L RAMADHANI, Duncan TAMBALA. Elsie N. THOMPSON and Sylvain ORE- Judges: and Robert ENO- Acting Registrar,
#### IN THE MATTER OF
### AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
*v.*
THE GREAT SOCIALIST LIBYAN PEOPLE'S ARAB JAMAHIRIYA
### After deliberations,
### Makes the following order:
- 1. By an application dated 3'" March, 2011, tt\a African Commission on Human and Peoples' Rights (herejnafter referred to as '1he Applicanf') brought before the Court a case against the Great Socialist Libyan People's Arab Jamahiriya (hereinafter referred to as "the Respondenf'). - 2. In aocordanoe with Rule 34 (6) of the Rules of Court, the Registry served a copy of the application on the Respondent by courier and e-mail of 2.2"" 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 appllcatlon in accordance with Rule 37 of the Rules of Court - 4. By a note verbale dated 18" Apnl, 2011, the Respondent sent the names of its representatives. - 5. By a note vertJsle dated 17111 May, 2011. the Respondent requested for an extension of time by three -ks "for the finalization of the response and announcement of the names and addresses of rts representatives". - 6. By a letter dated 18" May. 2011, the Registry acknowledged reoeipt of the note vetbele and informed the Respondeot that the request would be c;:ons!®red by the Court at its 21• Ordinary Session In June, 2011. - 7. On 8" June, 2011, during the Ordinary Session, and before the Court had considered the request for an extension of time, the Registry received both the Respondenrs Indication of the name and address of its representative and also rts response dated 7"' June. 2011. - e. Rule 37 permits the Court to extend the tlme 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 lacunae, the Court is 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 Respondent's request. and, accordingly, decides to extend the deadline to June 8, 2011. date on which the Court received the Respondent's letter communicating the names and addresses of its representatives. and its response to the application.
Done at Anshe, this autoenth day of June in the year Two Thousand and Elevan, in Arabic, English and French, the English last being authoritative.
Signed:
Gerard NIYUNGEKO, President
Robert ENO Acting Registrer
$\mathbf{I} = \mathbf{I}(\mathbf{I})$
