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's request for
ak
ON
anonymity;
comply with the Constitutive Act of the Union and the Charter;
not contain any disparaging or insulting language;
not be based exclusively on news disseminated through the mass media;
be filed after exhausting local remedies, if any, unless it is obvious that the
procedure in unduly prolonged;
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; and
not raise any matter or issues previously settled by the parties in accordance
with the principles of the Charter of the United Nations, the Constitutive Act
of the African Union, the provisions of the Charter or of any legal instrument
of the African Union.
A. Conditions of admissibility in contention between the Parties
45.The
Respondent State raises two (2) objections to the admissibility of the
Application; the first, relating to the requirement of exhaustion of local remedies
and the second, to the filing of the Application within a reasonable time under
Rules 40 (5) and (6) of the Rules.
i.
Objection based on non-exhaustion of local remedies
46.The
Respondent
State
submits
that the Application
does
not
conditions of admissibility set out in Rule 40(5) of the Rules
meet
the
as regards
exhaustion of local remedies, adding that it was premature for the Applicant to
file the present case before the Court, given that domestic remedies were
available to him.
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