Pursuant to the provisions of article 56 of the Charter to which article 6(2) of the
Protocol refers, applications to the Court shall comply with the following conditions:
1. disclose the identity of the Applicant notwithstanding
the latter’srequest for
anonymity;
2. comply with the Constitutive Act of the Union and the Charter;
3. not contain any disparaging or insulting language;
4. not be based exclusively on news disseminated through the mass media;
5. be filed after exhausting
local remedies,
if any, unless it is obviousthat this
procedure is unduly prolonged;
6. be filed within a reasonable time from the date local remedies wereexhausted
or from the date set by the Court as being thecommencement of the time limit
within which it shall be seized withthe matter; and;
7. Not raise any mater or issues previously settled by the parties inaccordance with
the principles of the Charter of the United Nations,the Constitutive Act of the
African Union, the provisions of the Charteror of any legal instrument of the African
Union ".
34. The Court notes that the conditions of admissibility set out in Rule 40 of the
Rules are not in contention between the parties, as the Respondent State
having
decided
not
to take
part
in the
proceedings
did
not
raise
any
objections to the admissibility of the Application. However, pursuant to Rule
39(1) of the Rules, the Court is obliged to determine the admissibility of the
Application.
35. It is clear from the record that the Applicant is identified. The Application is
not
incompatible
Charter.
with
the
It does not contain
Constitutive
disparaging
10
Act
of the
or insulting
African
Union
language
or the
and is not