iv. Objection based on non-compliance with the Charter
78. The Respondent State submits that the Application does not comply with
the requirement under Article 56(2) of the Charter because it fails to comply
with the requirements under Article 56(5), 56(6) and 56(7) of the Charter.
79. The Applicants aver that Article 56(2) of the Charter requires an Application
to be compatible with the Constitutive Act of the African Union. In this vein,
they submit that the alleged violations are enshrined in the Charter and are
on-going within the territory of a Member State of the African Union and a
party to the Charter. Consequently, they argue that the Application complies
with Article 56(2) of the Charter.
***
80. Rule 50(2)(b) of the Rules which restates Article 56(2) of the Charter
provides that, applications filed before the Court will be considered if they
are compatible with the constitutive Act of the African Union or with the
Charter.
81. The Court recalls its jurisprudence that one of the objectives of the
Constitutive Act of the African Union as stated in Article 3(h) thereof is the
promotion and protection of human and peoples’ rights. In the instant case,
the Applicants seek to protect the rights guaranteed under the Charter and
have alleged violation of Articles 1, 2, 6 and 7 of the Charter. Therefore, the
Application is in compliance with Rule 50(2)(b) of the Rules. Furthermore,
nothing on file indicates that the Application is incompatible with the
Constitutive Act of the African Union.
82. From the foregoing, the Court dismisses the objection based on the noncompliance of the Application with the requirement of Rule 50(2)(b) of the
Rules.
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