prejudice to the merits of the case, which will be decided after the presentation of evidence by both parties, in accordance with the right to a fair trial. See the case THE REGISTERED TRUSTEES OF THE SOCIOECONOMIC RIGHTS & ACCOUNTABILITY PROJECT (SERAP) & 10 OTHER v. THE FEDERAL REPUBLIC OF NIGERIA & 4 OTHERS, JUDGMENT No. ECW/CCJ/JUD/16/14, pg. 25. 37. Inthe instant case, the Applicant came to claim violation of the right to a remedy and access to justice, violation of the right not to be subjected to discrimination based on gender, violation of the right to dignity and not to be subjected to cruel, inhuman or degrading treatment in accordance with the provisions of the African Charter on Human and Peoples’ Rights, the ICCPR and other international treaties to which the Republic of Sierra Leone is a signatory. 38. The Court therefore declares itself competent to hear the instant case. IX ADMISSIBILITY 39, It is a rule of common law that the competence to examine and decide an application is distinct from its admissibility. Admissibility refers to the assessment of whether the application will be accepted for consideration on the merits and, eventually, a final decision on the matters in dispute. It is worth noting that international human rights courts have developed the idea that admissibility rules should be applied with a certain “degree of flexibility and without excessive formalism”. Human rights treaties must be interpreted and applied in such a way as to ensure that their safeguards are practical and effective (YASA c. TURQUIA - 1998 - VI, 28 EHRR 408). 11 a's

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