42. Rule 50(2) of the Rules, 5 which in substance restates the provisions of
Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a. Indicate their authors even if the latter request anonymity;
b. Are compatible with the Constitutive Act of the African Union and with
the Charter;
c. Are not written in disparaging or insulting language directed against
the State concerned and its institutions or the African Union;
d. Are not based exclusively on news disseminated through the mass
media;
e. Are sent after exhausting local remedies, if any, unless it is obvious
that this procedure is unduly prolonged;
f.
Are submitted 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 seised with
the matter; and
g. Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the United
Nations, or the Constitutive Act of the African Union, or the provisions
of the Charter.
43. In the present Application, the Respondent State raises an objection based
on non-exhaustion of local remedies. The Court will therefore consider the
said objection (A) before examining other conditions of admissibility (B) if
necessary.
A. Objection based on non-exhaustion of local remedies
44. The Respondent State argues that the Applicants did not exhaust the local
remedies available to them. It submits that local remedies in relation to the
claim for reparation by Ismaila TRAORÉ and twelve (12) other workers
5 Rule 40 of the Rules of 2 June 2010.
10