54.In light of the above,
the Court, therefore,
holds that the Application meets the
requirement in Rule 40(6) of the Rules and thus dismisses the Respondent State’s
objection.
B.
Other conditions of admissibility
55.The
Court
notes,
from
the
record,
that the Application’s
compliance
with
the
requirements in Article 56 subarticles (1),(2),(3),(4) and 7 of the Charter, which
requirements are reiterated in sub-rules 1, 2, 3, 4, and 7 of Rule 40 of the Rules,
is not
in contention
between
the
Parties.
Nevertheless,
the
Court
must
still
ascertain that these requirements have been fulfilled.
56. Specifically, the Court notes that, according to the record, the condition laid down
in Rule 40(1) of the Rules is fulfilled since the Applicant has clearly indicated his
identity.
57.The Court also finds that the requirement laid down
in paragraph 2 of the same
Rule is also met, since no request made by the Applicant is incompatible with the
Constitutive Act of the African Union or with the Charter.
58.The Court also notes that the Application does not contain any disparaging or
insulting language with regard to the Respondent State, which makes it consistent
with the requirement of Rule 40(3) of the Rules.
59. Regarding
the condition
contained
under paragraph 4 of same
Rule, the Court
notes that the Application is not based exclusively on news disseminated through
the mass media.
60. Finally, with respect to the requirement laid down in Rule 40(7) of the Rules, the
Court finds that the present case does not concern a case which has already been
settled by the Parties in accordance with the principles of the Charter of the United
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