d.
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.
Be filed 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;
g.
Do not deal with cases which have been settled in accordance
with the principles of the Charter of the United Nations, or the
Constitutive Act of African Union or the provisions of the
Charter.
36. The Court notes that the Respondent State raises an objection to the
admissibility of the Application based on non-exhaustion of local remedies.
The Court will first consider this objection before examining other
admissibility requirements, if necessary.
A. Objection based on non-exhaustion of local remedies
37. The Respondent State submits that that an Applicant can bring a case
before the Court only after having seized domestic courts with the same
grievances and utilised all possible remedies.
38. According to the Respondent State, pre-trial detention is controlled by
Article 85 of its CCP, which provides that the measure may only be enforced
in cases of serious crimes or offences and at all times on the basis of
plausible presumptions, when detention appears necessary as a security
measure to prevent further offences, as a guarantee for the enforcement of
a sentence or as a means of securing information.
39. The Respondent State further submits that the investigating judge is the
judicial authority of first instance empowered to issue a committal order
while the court of second instance is the indictment division. It points out
that in examining an application for bail, the judicial authority takes into
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