32. The Applicant submits that his Application fulfils the admissibility conditions
specified under Rule 50 of the Rules. Although this Application is being
considered in default, in line with Rule 50(1) of the Rules, the Court must
still satisfy itself that the Application fulfils all the admissibility requirements
before proceeding.
33. From the record, the Court notes that the Applicant has been clearly
identified by name, in fulfilment of Rule 50(2)(a) of the Rules.
34. The Court also notes that the claims made by the Applicant seek to protect
his rights guaranteed under the Charter. Furthermore, 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. Additionally,
the Application does not contain any claim or prayer that is incompatible
with a provision of the said Act. Therefore, the Court considers that the
Application is compatible with the Constitutive Act of the African Union and
the Charter and holds that it meets the requirement of Rule 50(2)(b) of the
Rules.
35. The Court further notes that the language used in the Application is not
disparaging or insulting to the Respondent State or its institutions in
fulfilment of Rule 50(2)(c) of the Rules.
36. The Application is not based exclusively on news disseminated through
mass media, as it is founded on court documents from the domestic courts
of the Respondent State, in fulfilment of Rule 50(2)(d) of the Rules.
37. Regarding to the requirement of exhaustion of local remedies, it is clear,
from the record, that the Applicant appealed his conviction and sentence up
to the Court of Appeal, the highest judicial organ of the Respondent State.
This appeal was determined when that Court of Appeal rendered its
judgment on 18 April 2013. The Court finds, based on foregoing, that the
requirement of exhaustion of local remedies has been met in accordance
with Rule 50(2)(e) of the Rules.
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