B. oN THE /qDMlSSlBlLlTY
OF THE APPLICATION
33. ln terms of Article 6 (2) of the Protocol, "the Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Clrartei'.
34. Pursuant
to Rule 39 of the Rules, the Court shall conduct preliminary
examination of the admissibility of the Application in accordance with Articles
50 and 56 of the Charter and Rule 40 of the Rules.
35. Rule 40 of
the Rules which essentially reproduces the content of Article 56
of the Charter, provides that:
"Pursuant to the provisions of Artiole 56 of the Charter to which Article 6(2) of the
Protocol refers, applications
to the Coud shall comply with the
following
conditions:
1.
Disclose the identity of the Applicant notwithstanding the latter's request for
anonymity,
2.
3.
Comply with the Constitutive Act of the Union and the Charter:
Not contain any disparaging or insulting language;
4. Not based exclusively on news disseminated through the mass media;
5. Be filed after exhausting local remedies, if any, unless it is obvious that this
6.
procedure is 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;
7.
Not raise any Matter or issues previously settled by the parties in accordance
with the principles of the Charter of the United Nations, the Corrstitutive Act of
the African Union, the provisions of the Charter or of any legal instrument of
the African Union".
36.Whereas some
of the aforementioned conditions are not in
contention
between the Parties, the Respondent raised objections with respect to the
exhaustion of local remedies and the tlme frame tor seizure of the Court.
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