00033$
VI.
ADMISSIBILITY OF THE APPLICATION
35. Pursuant to Rule 39 (1 ) of the Rules, "the Court shall conduct a preliminary examination
of ... the admissibility of the Application in accordance with Article 50 and 56 of the Charter,
and Rule 40 of these Rules".
36. Rule 40 of the Rules which in substance restates the provisions 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:
o
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 be 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; and
7. not raise any mater 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."
O
A. Conditions of admissibility in contention between the Parties
37.The Respondent State has raised two objections to the admissibility of the
Application relating first to, the requirement of exhaustion of local remedies and
second, to the filing of the Application within a reasonable time after local remedies
were exhausted.
12
Y
{
.7--