VI.
ADMISSIBILITY
35. Under Article 6(2) of the Protocol “The Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Charter”.
36. Pursuant to Rule 50(1) of the Rules of Court “The Court shall ascertain the
admissibility (…) in accordance with Article 56 of the Charter, Article 6 (2) of
the Protocol and these Rules”.
37. Rule 50(2) of the Rules, which restates in substance Article 56 of the
Charter, reads as follows:
Applications filed before 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 the Commission is
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 Organization of African Unity
or the provisions of the Charter.
38. The Court notes that the Respondent State raises an objection based on
non-exhaustion of local remedies. The Court will first rule on this objection
(A) before examining other conditions of admissibility, if necessary (B).
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