a)
Indicate their authors even if the latter request anonymity;
b)
Are compatible with the Constitutive Act of the African Union
and with the Charter;
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 seized 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 African Union or the
provisions of the Charter.
37. In the present Application, the Respondent State raises two objections to
the admissibility of the Application. The Court will consider these objections
before examining other conditions of admissibility, if necessary.
A. Objections to the admissibility of the Application
38. The first objection of the Respondent State relates to the requirement of
exhaustion of local remedies and the second relates to whether the
Application was filed within a reasonable time.
i.
Objection based on non-exhaustion of local remedies
39. The Respondent State argues that the Applicant alleges violations of his
rights enshrined in the Constitution of the Respondent State. However, the
Respondent State submits that rights provided under Articles 12 to 29 of the
Constitution are justiciable rights vide the Basic Rights and Duties
10