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 Constitutive Act of the African Union or
the provisions of the Charter.
35. The Respondent State raises objections to the admissibility of the
Application, based on non-exhaustion of local remedies. The Court will
therefore examine the said objection before considering other conditions of
admissibility if necessary.
A. Objection to admissibility on ground of failure to exhaust local remedies
36. The Respondent State contends that as decided by this Court in Urban
Mkandawire v. Malawi and Peter Joseph Chacha v. Tanzania, the Applicant
has not met the admissibility requirement provided under Rule 40(5) of the
Rules of Court, since the Applicant did not exhaust all local remedies prior
to filing this Application before this Court. Further, citing the jurisprudence
of the African Commission on Human and Peoples’ Rights in Article 19 v.
Eritrea, the Respondent State avers that the Applicant never made an
attempt to exhaust local remedies before the domestic courts, which is also
contrary to Article 56(5) of the Charter.
37. The Respondent State also avers that the Applicant did not raise the
allegation that his conviction was based on circumstantial evidence before
11