unequivocally, therefore, that although local remedies were exhausted, it
has not been shown that all the issues involved were resolved. The
condition of identity of the applications is therefore not met.
116. As far as the condition of existence of a decision on the merits is concerned,
this Court notes that although both Parties agree on the existence of
decisions in cases before the domestic courts of the Netherlands, the United
Kingdom and France, the fact remains that it has not been established that
these proceedings were conducted in accordance with the principles of the
Charter and other relevant instruments referred to in Article 56(7) of the
Charter. As such, this Court finds that the condition of a decision on the
merits is not met.
117. In view of the foregoing, the Court finds that the present Application has not
been settled within the meaning of Article 56(7) of the Charter and,
therefore, dismisses the Respondent State’s objection.
C. Other admissibility requirements
118. The Court notes that the requirement laid down in Rule 50(2)(a) of the Rules
is met insofar as the Applicants have clearly indicated their identity.
119. It further notes that the Applicants’ requests seek to protect their rights
enshrined in the Charter. It further notes that one of the objectives of the
Constitutive Act of the African Union as stated in Article 3(h) thereof is to
promote and protect human and peoples’ rights. Furthermore, there is
nothing on record to indicate that the Application is incompatible with any
provision of the Constitutive Act. The Court, therefore, considers that the
Application is compatible with the Constitutive Act of the African Union and
the Charter. Accordingly, the Court finds that the Application meets the
requirement of Rule 50(2)(b) of the Rules.
120. The Court further notes that the Application does not contain any
disparaging or insulting language with regard to the Respondent State or its
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