48. Under 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
[…]”.
49. Rule 50(2) of the Rules, which restates the content of Article 56 of the
Charter, provides:
Applications filed to the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity,
b.
Are compatible with the Constitutive Act of the African Union
and with the Charter,
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union,
d.
Are not based exclusively on news disseminated through the
mass media,
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged,
f.
Are submitted 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
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Charter of the Constitutive Act of the
African Union or the provisions of the Charter.
50. The Court notes that the Respondent State raises an objection based on
failure to exhaust local remedies. The Court will consider the said objection
before examining other admissibility requirements, if necessary.
16