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32.Pursuant
to Rule 39(1) of the Rules, "the Court shall conduct preliminary
examination of ... the admissibility of the Application in accordance with Article...56 of
the Charter and Rule 40 of the Rules."
33. Rule
40 of the Rules, which in substance restates the content of Article 56 of
the Charter, provides as follows:
"Pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the
Protocol refers, applications to the Court shall comply with the following conditions:
1.
Disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
2. Comply with the Constitutive Act of the Union and the Charter;
3. Not contain any disparaging or insulting language;
4. Not based exclusively on news disseminated through the mass media;
5. Be filed after exhausting 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 with the Matter;
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. "
A. Conditions of admissibility in contention between the Parties
34.The Respondent State submits that the Application does not comply with two
admissibility requirements, that is, Rule 40(5) of the Rules regarding exhaustion
of local remedies and Rule 40(6) of the Rules on the requirement to file
applications within a reasonable time after exhaustion of local remedies.
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