prejudice to the merits of the case, which will be decided after the
presentation of evidence by both parties, in accordance with the right to a
fair trial. See the case THE REGISTERED TRUSTEES OF THE SOCIOECONOMIC RIGHTS & ACCOUNTABILITY PROJECT (SERAP) & 10
OTHER
v. THE FEDERAL
REPUBLIC
OF NIGERIA
& 4 OTHERS,
JUDGMENT No. ECW/CCJ/JUD/16/14, pg. 25.
37.
Inthe instant case, the Applicant came to claim violation of the right to a
remedy and access to justice, violation of the right not to be subjected to
discrimination based on gender, violation of the right to dignity and not to
be subjected to cruel, inhuman or degrading treatment in accordance with
the provisions of the African Charter on Human and Peoples’ Rights, the
ICCPR and other international treaties to which the Republic of Sierra
Leone is a signatory.
38.
The Court therefore declares itself competent to hear the instant case.
IX ADMISSIBILITY
39,
It is a rule of common law that the competence to examine and decide an
application is distinct from its admissibility. Admissibility refers to the
assessment of whether the application will be accepted for consideration
on the merits and, eventually, a final decision on the matters in dispute. It
is worth noting that international human rights courts have developed the
idea that admissibility rules should be applied with a certain “degree of
flexibility and without excessive formalism”. Human rights treaties must
be interpreted and applied in such a way as to ensure that their safeguards
are practical and effective (YASA c. TURQUIA - 1998 - VI, 28 EHRR 408).
11
a's