33. In line with Rule 50(1) of the Rules, 14 “the Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
34. 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 seized 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.
35. The Court notes that although it raises a general objection to the
admissibility of the present Application, the Respondent State does not
substantiate its objection nor does it specify to which of the admissibility
requirements the objection is addressed. The Court will therefore proceed
14
Rule 40 of the Rules of Court, 2 June 2010.
10