2.) Compatibility of the Application with the Constitutive Act of the
African Union and the Charter — Article 56(2) of the Charter
55.
According to the Respondent,
the rights mentioned
of this Application are only enshrined
that by failing to cite the provisions
in support
in the Declaration.
It argues
of the Constitutive Act of the
African Union (hereinafter referred to as “the Constitutive Act”) or the
Charter,
“the Applicants
are inviting the Court to deal with an issue
which falls outside of its competent
3.) Application
based
exclusively
jurisdiction’.
on information
disseminated
from
the mass media — Article 56(4) of the Charter
56.
The Respondent argues that regarding the allegations of Police
brutality,
the
Applicants’
through the mass
claim
is
based
on
news
disseminated
media. According to the Respondent,
no proof of
physical violence was adduced.
4.) Exhaustion of local remedies — Article 56(5) of the Charter
57.
The
Respondent
argues
that
the
Applicants
have
neither
exhausted local remedies in relation to their claim for compensation
nor have they tried to exhaust local remedies
in relation to alleged
Police brutality.
58.
On
claims for compensation,
the Respondent
avers that after
aa
the dismissal of their application by the High Court in May 2011, th
Applicants filed an application for leave to appeal before
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