61. Pursuant to Rule 50(1) of the Rules “the Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules”.
62. Rule 50(2) of the Rules which essentially restates Article 56 of the Charter,
reads as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union
and with the Charter;
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date the Court is seised
with the matter, and
g. Not concern matters which have been settled by the States
concerned in accordance with the principles of the Charter of
the United Nations, the Constitutive Act of the African Union or
the provisions of the Charter.
63. The Respondent State raises an objection based on non-exhaustion of local
remedies, on which the Court will rule before considering other admissibility
requirements, if necessary.
i.
Objection based on non-exhaustion of local remedies
64. The Respondent State submits that an individual may bring a dispute
against his state before an international court only after he/she has seized
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