Vil.
ADMISSIBILITY OF THE APPLICATION
38. According to the aforesaid
Rule 39 of its Rules, “the Court shall conduct preliminary
examination ... of the admissibility of the Application in accordance with Articles 50 and 56 of the
Charter, and Rule 40 of these Rules’.
39.
According to Article 6(2) of the Protocol, “the Court shall rule on the admissibility of cases
taking into account the provisions of Article 56 of the Charter”.
40.
Rule 40 of the Rules of Court which substantially 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
. disclose the identity of the Applicant notwithstanding the latter’s request for anonymity;
ak
oN
=
Protocol refers, applications to the Court shall comply with the following conditions:
comply with the Constitutive Act of the African Union or the
Charter;
do not contain any disparaging or insulting language;
are not based exclusively on news disseminated through the mass media;
are filed after exhausting local remedies, if any, unless it is obvious that this procedure
is unduly prolonged;
6.
are filed within a reasonable period from the time 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.
do 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 other legal instrument of the African
Union’.
41.
Whereas some of the above requirements are not in contention between the Parties,
the Respondent
State
raised objections on incompatibility of the Application with the
SAS
Constitutive Act of the African Union and the Charter, exhaustion of local remedies and
the time limit for seizure of the Court.
Le
ye
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