violated are contained in the Charter, they need
not be specifically
cited in the application.
52.
Regarding the Respondent's objection to the application on the
grounds of its incompatibility with the Charter of the Organization of
African Unity, now the Constitutive Act of the African Union, the Court
notes that this argument
lacks merit. The
Constitutive Act of the
African Union provides that one of the objectives of the African Union
shall
be to promote
accordance
with
instruments.
In
and
the
protect
Charter
addition,
and
the
Application states facts which
human
and
other
Court
peoples’
relevant
finds
relate to human
that
rights
human
the
in
rights
Applicant's
and peoples’
rights
protected under the Charter. Moreover, the Court has decided on
this issue in Application Number 001/2012 Frank David Omary and
Others
v United
Republic
003/2012 Peter Joseph
of Tanzania
Chacha
the latter case, the Court
and
Application
Number
v United Republic of Tanzania.
\|n
found that“... the Applicant's Application states
facts which revealed a prima facie violation of his rights; furthermore, the Court
finds that the Application relates to human and peoples’ rights protected under
the Charter, therefore the requirements of Article 3(1) of the Protocol and Article
56(2) of the Charter have been met”.
I.
53.
Non-exhaustion
of local remedies
The Respondent states that the application has not been filed
after exhausting
local
remedies.
The
Respondent
Me
states that the
Wu
22
A
NC.