80. The Court, therefore, dismisses the objection in this respect.
iv. Objection on the ground that certain allegations are being raised for the
first time
81. The Respondent State maintains that the alleged violations of the right to
an effective remedy, the right to reparation for harm suffered, the right to
life, the right to the highest attainable standard of physical and mental
health, the right to a satisfactory environment and the right to information
were never raised in the domestic proceedings. According to the
Respondent State, the national judicial system did not have the opportunity
to remedy the violations.
*
82. In response, the Applicants maintain that the Respondent State’s argument
is unfounded insofar as the grievances they raise before this Court were
also raised in the domestic judicial proceedings.
***
83. The Court considers that this objection is linked to the exhaustion of local
remedies and it will, therefore, examine it to the extent that it relates to the
admissibility requirements provided for by the Charter.
B. Admissibility requirements provided for in Article 56 of the Charter
84. According 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”. In accordance with Rule 50(1) of the Rules, “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”.
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