40. The Court notes that Rule 50(2) of the Rules, 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 African Union or the
provisions of the Charter.
41. In the present case, the Respondent State has raised an objection to the
admissibility of the Application questioning the Applicant’s exhaustion of
local remedies. The Court will thus consider the objection based on nonexhaustion of local remedies (A) before assessing other admissibility
requirements (B).
A. Objection alleging non-exhaustion of domestic remedies
42. The Respondent State, citing Article 56(5) of the Charter and Rule 50(2)(e)
of the Rules,14 argues that this Application is inadmissible due to the
14
Rule 40(5), Rules of Court, 2010.
12