to consider all the admissibility requirements, in line with Rule 50(1) of the
Rules, to satisfy itself that the Application is admissible before proceeding.
36. From the record, the Court notes that the Applicant has been clearly
identified by name, in fulfilment of Rule 50(2)(a) of the Rules.
37. The Court also notes that the claims made by the Applicant seek to protect
his rights guaranteed under the Charter. Furthermore, one of the objectives
of the Constitutive Act of the African Union, as stated in Article 3(h) thereof,
is the promotion and protection of human and peoples’ rights. Additionally,
the Application does not contain any claim or prayer that is incompatible
with a provision of the said Act. Therefore, the Court considers that the
Application is compatible with the Constitutive Act of the African Union and
the Charter and holds that it meets the requirement of Rule 50(2)(b) of the
Rules.
38. The language used in the Application is not disparaging or insulting to the
Respondent State or its institutions, in fulfilment of Rule 50(2)(c) of the
Rules.
39. The Application is not based exclusively on news disseminated through
mass media, as it is founded on court documents from the domestic courts
of the Respondent State, in fulfilment of Rule 50(2)(d) of the Rules.
40. The Court observes that the Application has been submitted to the Court
after exhausting local remedies. The Court notes that the Applicant
appealed up to the Court of Appeal, the highest judicial organ of the
Respondent State, 15 and the appeal was determined when that Court
rendered its judgment on 18 October 2016, in fulfilment of Rule 50(2)(e) of
the Rules.
15
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 63;
Deogratius Nicolaus Jeshi v. United Republic of Tanzania, ACtHPR, Application 017/2016, Judgment
of 13 February 2024 (merits and reparations), § 46.
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