63. From the record, the Court notes that the Applicant has been clearly
identified by name in fulfilment of Rule 50(2)(a) of the Rules.
64. The Court also notes that the Applicant’s requests seek to protect his rights
guaranteed under the Charter. Furthermore, one of the objectives of the
Constitutive Act of the African Union, as stated in Article 3(h) thereof, is the
promotion and protection of human and peoples’ rights. Additionally, the
Application does not contain any claim or prayer that is incompatible with a
provision of the said Act. Therefore, the Court considers that the Application
is compatible with the Constitutive Act of the African Union and the Charter
and holds that it meets the requirement of Rule 50(2)(b) of the Rules.
65. The language used in the Application is not disparaging or insulting to the
Respondent State or its institutions in fulfilment of Rule 50(2)(c) of the
Rules.
66. The Application is not based exclusively on news disseminated through
mass media as it is founded on court documents from the domestic courts
of the Respondent State in fulfilment of Rule 50(2)(d) of the Rules.
67. Furthermore, the Application does not concern a case which has already
been settled by the Parties in accordance with the principles of the Charter
of the United Nations, the Constitutive Act of the African Union, the
provisions of the Charter, in compliance with Rule 50(2)(g) of the Rules.
68. The Court, therefore, finds that all the admissibility conditions have been
met and that this Application is admissible.
VII. MERITS
69. The Court will consider, (A) the alleged violation of the Applicant’s right to
have his cause heard, protected under Article 7(1) of the Charter, before
addressing, (B) the alleged violation of the right to non-discrimination,
16