Request for Reparation in the Application are all marked with the ten (10) Applicants'
thumbprints. Both documents are referred to in the main Application. The Court
therefore finds the Respondent's objection on this point to be baseless and lacking
in merit, and hereby dismisses the same.
7 4. The Court will now turn to the other objections on the admissibility of the Application
raised by the Respondent.
75. The Court recalls that Rule 40 of its Rules provides that "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
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 obvious that this
procedure is unduly prolonged;
6. 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
7. not raise any mater 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".
ii.
Compatibility of the Application with the Constitutive Act of the
African Union
76. According to the Respondent, the Application is not compatible with the Constitutive Act
of the African Union, noting that the Application has been brought merely by making
reference to cases the Applicants are facing before domestic courts. The Respondent
states further that throughout the Application, the Applicants have failed to cite any
provision of the African Charter that has been violated, noting that the Application seeks
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