Commission, when the Commission served the original complaint before it on the
Respondent and the latter filed submissions on admissibility thereof.
The Court's Assessment
78.The Court observes that even though the rules of admissibility applied
by the
Commission and this
Court are substantially similar, the
admissibility procedures with respect to an Application filed before the
Commission and this court are distinct and shall not be conflated .
Accordingly , the Court is of the view that admissibility and other
procedures relating to a complaint before the Commission are not
necessarily relevant in determining the admissibility of an Application
before this Court .
79.1n any event, as is the case with its jurisdiction, the Court can decide on the
admissibility of an Application before it, only after having heard from the parties.
80.The Respondent's objection is therefore dismissed.
B. Objections on Admissibility based on the Requirements of the Charter
and the Rules
81 . Under this head, the Respondent raised two objections, namely, the failure to
identify the Applicant and failure to exhaust local remedies.
82. 1n determining the admissibility of an application, the Court is guided by Article 6(2) of
the Protocol, which provides that, the Court shall take into account the provisions of
Article 56 of the Charter. The provisions of this Article are restated in Rule 40 of the Rules
as follows:
"Pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the Protocol
refers, applications to the Court shall comply with the following conditions:
1. Disclose the identity of the Applicant notwithstanding the latter's
request for
anonymity;
2 . Comply with the Constitutive Act of the Union and the Charter;
3. Not contain any disparaging or insulting language;