00 030 4 VI. ADMISSIBILITY 31. Pursuant to Article 6 (2) of the Protocol, "the court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter." Rule 39 (1) of the Rules also provides that "the Court shall conduct preliminary examination of ... the admissibility of the application in accordance with Articles ... 56 of the Charter and Rule 40 of these Rules". 32. Rule 40 of the Rules, which in substance restates Article 56 of the Charter, stipulates that Applications filed before the Court shall be admissible if they fulfil the following conditions: 1. 2. 3. 4. 5. 6. 7. Disclose the identity of the Applicant notwithstanding the latteds request for anonymity; Comply with the Constitutive Act of the Union and the Charter; Not contain any disparaging or insulting language; Not be based exclusively on news disseminated through the mass media; Be filed after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged; Be filed 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 Not raise any matter or issues previously settled by the parties in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African union, the provisions of the Charter or of any legal instrument of the African Union". 33. While some of the above conditions are not in contention between the Parties, the Respondent State has raised an objection regarding the requirement of exhaustion of local remedies. A. Condition of admissibility in contention between the Parties Objection based on non-exhaustion of local remedies 34. The Respondent State argues that it was premature for the Applicant to bring this matter before this Court because there were judicial remedies yet to be exhausted t -h{\=t ).- 9