37. The Court notes that the application seeks to protect the Applicant’s rights
guaranteed by the Charter. It further notes that one of the objectives of the
Constitutive Act of the African Union, as stated in Article 3(h) thereof, is the
promotion and protection of human and peoples’ rights. Furthermore, the
application does not contain any request that is incompatible with the
Constitutive Act of the African Union. The Court, therefore, holds that the
application is compatible with the Constitutive Act of the African Union and
the Charter, and meets the requirement of Rule 50(2)(b) of the Rules.
38. The Court further observes that the application does not contain any
disparaging or insulting language with regard to the Respondent State, its
institutions or the African Union, which makes it consistent with the
requirement of Rule 50(2)(c) of the Rules.
39. The Court notes, moreover, that the application is not based exclusively on
news disseminated by the mass media but on the law of 24 August 2004 of
the Respondent State. The requirements of Rule 50(2)(d) of the Rules are
therefore met.
40. The Court recalls in accordance with Rule 50(2)(e) of the Rules, that,
applications must be filed after exhaustion of local remedies, if any, unless
it is clear that the procedure in respect of such remedies is unduly
prolonged.
41. The Court notes that the requirement of exhaustion of local remedies prior
to bringing a case before an international human rights court is an
internationally recognised and accepted rule.9 The Court recalls, in line with
its established jurisprudence, that the local remedies to be exhausted must
be available, effective and sufficient.10
9Yacouba
Traoré v. Republic of Mali, ACtHPR, Application No. 010/2018, Ruling of 25 September 2020
(jurisdiction and admissibility), § 39.
10Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise Ilboudo
and Mouvement Burkinabé des Droits de l’Homme et des V. Peuples, v. Burkina Faso (merits) (28 March
2014) 1 AfCLR 219, § 68; Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314,
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