whether the right to a fair trial, including the right to be tried by an impartial
court or tribunal, was upheld by the lower court.15
45. The Court, therefore, finds that local remedies have been exhausted and
dismisses the Respondent State’s objection in relation to non-exhaustion of
local remedies.
B. Other conditions of admissibility
46. The Court observes that no objection has been raised with respect to the
other admissibility requirements. Nonetheless, in line with Rule 50(1) of the
Rules, it must satisfy itself that the Application is admissible before
proceeding.
47.
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.
48.
The Court also notes that the claims made by the Applicant seek to protect
his rights guaranteed by the Charter. It further notes that one of the
objectives of the Constitutive Act of the African Union as stipulated under
Article 3(h), is to promote and protect human and peoples’ rights. The
Application also does not contain any claim or prayer that is incompatible
with a provision of the Act. The Court, therefore, holds that the Application
is compatible with the Constitutive Act of the African Union and the Charter
and thus meets the requirements of Rule 50(2)(b) of the Rules.
49.
The Court finds that 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.
50. The Court further finds that the Application is not based exclusively on news
disseminated through mass media as it is founded on court documents from
15 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 42.
12