40.
In addition, access to the Court for examination of any application is
granted if the requirements of Article 10 of the Supplementary Protocol are
met. In the instant case, which involves allegations of human rights
violations made by an individual, Article 10(d) states that:
“Individuals on application for relief for violation of their human
rights; the submission of application for which shall: i). Not be
anonymous;
nor ii). Be made whilst the same matter has been
instituted before another International Court for adjudication.”
41.
In case Hadijatou
Mani
Koraou
v. Republic
ECW/CCJ/JUD/06/08), the ECOWAS
of Niger
(Ruling No.
Court stated that the admissibility
of an application must be examined on the basis of the sufficiency of the
facts and of the alleged violations.
42.
Similarly, in the case of Peter David v. Ambassador Ralph
(DECISION No. ECW/CCJ/JUD/03/13),
Uwechue
the Court reaffirmed that the
primary purpose of admissibility rules is to ensure that human rights are
safeguarded in an effective and practical manner, applying procedural rules
flexibly when necessary.
43,
The Applicant identified herself as a victim of human rights violations. The
Court finds that the application is neither manifestly unfounded under the
above-mentioned
article nor
inadmissible
for any
other reason.
As
indicated in the Court's case law, the mere allegation of a human rights
violation by an individual is, prima facie, sufficient to keep the case alive
and proceed on to the analysis of the merits.
44.
Consequently, the application is declared admissible.
sO
GB
AL