B. Other admissibility requirements
44. The Court notes that the requirements in sub-rules 50(2)(a), (b), (c), (d), (e)
and (g) of the Rules, are not in contention between the Parties.
Nevertheless, it must still ascertain that these requirements have been
fulfilled.
45. From the records, the Court notes that the Applicant is clearly identified by
name in fulfilment of Rule 50(2)(a) of the Rules.
46. The Court notes that the claims made by the Applicant seek to protect his
rights guaranteed under the Charter. It further, notes that that one of the
objectives of the Constitutive Act of the African Union as stated in Article
3(h) is the promotion and protection of human and peoples’ rights among
the objectives of the AU. Therefore, the Court considers that the Application
is compatible with the Constitutive Act of the AU and the Charter, and thus,
fulfils the requirement of Rule 50(2)(b) of the Rules.
47. The Court further notes that the language used in the Application is neither
disparaging nor insulting with regard to the Respondent State, its institutions
or the African Union, in compliance with the Rule 50(2)(c) of the Rules.
48. The Court observes that the Application is also not based exclusively on
news disseminated through mass media, rather, it is based on judicial
decisions from the domestic courts of the Respondent State. Thus, the
Court holds that the Application complies with Rule 50(2)(d) of the Rules.
49. With regard to the requirement to file the Application within a reasonable
time, Court recalls its jurisprudence that: “…the reasonableness of the time
frame for seizure depends on the specific circumstances of the case…”. 18
Furthermore, the Court has previously considered relatively short periods of
18
Beneficiaries of the late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo and Blaise
IIboudo v. Republic of Burkina Faso (merits) (24 June 2014) 1 AfCLR 219, § 92. See also Thomas v.
Tanzania (merits), supra, § 73.
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