0000? 0
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".
28. The Court notes that the admissibility requirements set forth in Rule 40 of the
Rules are not in contention between the parties, the Respondent State having not
participated in the proceedings. However, in accordance with Rule 39 (1)of the
Rules, the Court shall conduct a preliminary examination of its jurisdiction and the
admissibility of the Application.
29. lt is clear from the case file that the Applicant's identity is known
as well as his
nationality. The Application is not incompatible with the Constitutive Act of the
African Union and the Charter.
lt does not contain
disparaging or insulting
language, nor is it based exclusively on news disseminated through the mass
media.
30. With regard to the exhaustion of local remedies, the Applicant asserts that he
contacted the highest political and administrative authorities in the State,
including the police, the Public Prosecution, the Ministry of Transport, the Ministry
of lnternal Security, the Ministry of Justice, the Parliament, the Senate,
the
President, the National Commission for Human Rights and Civil Society to find a
solution to his problem, but all to no avail.
31
.
The Applicant further submits that "seizure of judicial bodies was not contemplated in
view of the fact that the presidential guard is supposed to be involved in it and so, has
no chance of reaching a judicial outcome. Furthermore, this case is inadmissible today,
in view of the timeframes provided under article 339 of Act No. 1 8/2004 of 20 June 2006,
concerning the Code of Civil, Commercial, Social and Administrative Procedure."