000{8 {
detailed provisions on human rights which are separate and distinct from the Charter
of the United Nations and the other instruments listed in Rule 40(7) of the Rules.
41
.
Furthermore, the Applicant avers that none of the issues in the HRC proceedings
have been settled by the parties because the Respondent State has chosen to
ignore the HRC's Views such that the issues remain entirely unsettled and
unresolved.
42. The Respondent State submits that in
determining
the admissibility of
the
Application the Court should be guided by the provisions of Article 56(5) of the
Charter, Article 6(2) of the Protocol and Rule 40 of the Rules.
***
43. The Court notes that with regard to the admissibility of the Application,
the
Respondent State merely notes that in determining admissibility the Court should be
guided by the provisions of Article 56(5) of the Charter, Article 6(2) of the Protocol
and Rule 40 of the Rules. The Respondent State did not raise any objection to the
admissibility of the Application.
44.
Nevertheless, the Courtwill, suo motu,and as empowered by Rule 39 of the Rules,
examine whether the Application meets the admissibility requirements set out in
Rule 40 of the Rules and Article 56 of the Charter.
45. The Court notes that the Application discloses the identity of the Applicant;
is
compatible with the Constitutive Act of the AU and the Charter because it invites the
Court to determine whether the Respondent State meets its obligations to protect
the Applicant's rights enshrined in the Charter; is not written in disparaging or
insulting language directed at the Respondent State and its institutions or the African
Union; is not based exclusively on news disseminated through mass media; and was
sent after the Applicant exhausted local remedies since the Applicant's appeal was
dismissed by the Supreme Court, which is the highest appellate court in the
Respondent State; and was also filed with this Court within a reasonable time after
13
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