Rule 39
Preliminary Examination of the Competence of the Court
and of Admissibility of Applications
1. The Court shall conduct preliminary examination of its
jurisdiction and the admissibility of the application in accordance
with articles 50 and 56 of the Charter, and Rule 40 of these Rules.
2. Pursuant to sub-rule 1 of this Rule, the Court may request the
parties to submit any factual information, documents or other
material considered by the Court to be relevant.
Rule 40
Conditions for Admissibility of Applications
Pursuant to the provisions of article 56 of the Charter to which
article 6(2) of the Protocol refers, applications to the Court shall
comply with the following conditions:
1. disclose the identity of the Applicant notwithstanding the latter’s
request for anonymity;
2. comply with the Constitutive Act of the Union and the Charter ;
3. not contain any disparaging or insulting language;
4. not be based exclusively on news disseminated through the mass
media;
5. be filed after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
6. 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; and
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