4.
not be
based
exclusively on
news
disseminated
through
the
mass
media;
5.
be filed after the exhaustion
local remedies,
if any, unless it is obvious
that this procedure is unduly prolonged;
6.
be filed within a reasonable time from the date local remedies were
exhausted
or
from
the
date
set
by
the
Court
as
being
the
commencement of the time-limit within which it shall be seized of the
matter; and
7.
not raise any
matter
or issues
previously
settled
by the parties
in
accordance with the principles of the Charter of the United Nations, the
Constitutive Act of the African Union, the provisions of the Charter or of
any legal instrument of the African Union.
39. The Court notes that the conditions of admissibility set out in Rule 40 of the
Rules are not in contention between the parties, as the Respondent State
having
decided
not to take
part
in the
proceedings
did
not
raise
any
objections to the admissibility of the Application. However, pursuant
to Rule
39(1) of its Rules, the Court is obliged to determine the admissibility of the
Application.
40. It is clear from the record that the Applicant is identified. The Application is
not
incompatible with the Constitutive Act of the African
Charter.
based
It is not written
in disparaging
exclusively on information
or insulting
disseminated
Union
and
language and
through the mass
the
is not
media.
There is also nothing on the record to indicate that the present Application
concerns a case which
has been settled in accordance with either the
principles of the United Nations Charter, the OAU Charter or the provisions
of the Charter.
41. With regards to the exhaustion of local remedies, the Court reiterates, as it
has established in its case law, that the local remedies which the Applicants
12