VI.
ADMISSIBILITY
37. The Court notes that the Respondent State raises objections to the
admissibility of the Application that are not provided for either in the Charter
or the Rules of Court. The Court will rule on those objections (A) before
examining the admissibility requirements laid down in those instruments, if
necessary (B).
A. Objections based on admissibility requirements not provided for by the
Charter and the Rules
.
38. The Court notes that the Respondent State raises preliminary objections to
the admissibility of the Application, alleging (1) abuse of the right to institute
legal proceedings, (2) lack of connection between the main Application and
the supplementary Application and (3) lack of standing on the part of the
Applicant.
39. The Court emphasizes that though these requirements are not specifically
provided for either in the Charter or in the Rules, it is required to examine
them.
i.
On abuse of the right to bring legal proceedings
40. The Respondent State alleges that the “unknown��� Applicant makes abusive
use of “actio popularis” by using access to the Court to lodge several
applications filed under Nos. “207/2019, 218/2019, 232/2019, 316/2019,
316/2019, 317/2019, 349/2019, 391/2019 and 447/2019”. It asserts that the
number and closeness of the filing dates of these applications sufficiently
demonstrate that they are frivolous. The Respondent State further contends
that the Applicant is using the Court as a political forum to criticize it.
Accordingly, it submits that the Application be declared inadmissible for
abuse of the right to bring proceedings.
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