(c) Are not written in disparaging or insulting language directed
against the State concerned and its institutions or to 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 the local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which is shall be
seized with the matter;
(g) Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of the African Union or the
provisions of the Charter.
***
33. The Respondent State raises an objection based on non-exhaustion of
local remedies on which the Court will rule before examining other
admissibility requirements, if necessary.
i.
Objection based on non-exhaustion of local remedies
34. The Respondent State asserts that the requirement of exhaustion of local
remedies aims to prevent international human rights courts from acting as
trial courts but, rather, contribute to strengthening complementarity and the
principle of subsidiarity.
35. The Respondent State further alleges that its laws are unique insofar as
they entrust the Constitutional Court with jurisdiction to adjudicate matters
of human rights violations, as set out in Article 117 of Law No. 2019-40 of
7 November 2019 amending Law No. 90-32 of 11 December 1990 on the
Constitution.
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