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 set by the Court as
being the commencement of the time limit within which it shall be
seised with the matter; and
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.
38. In the present Application, the Respondent State raises two objections to
the admissibility of the Application, that is, in relation to non-exhaustion of
local remedies and the failure to file the Application within a reasonable
time. The Court will, therefore, consider the said objections before
examining other conditions of admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
39. The Respondent State contends that the Applicant did not raise the specific
allegations that he raises before this Court at the national courts. The
Respondent State argues that the Applicant should have raised the alleged
violation in relation to the “the omission in the charge sheet” and to the lack
of free legal assistance before the national courts. Having failed to do so,
the Respondent State argues that the Applicant did not exhaust local
remedies.
40. The Applicant avers that the Application is admissible in accordance with
Articles 6(1), (2) and 10 of the Protocol.
10