000124
the Rules: “the Court shall conduct preliminary examination of ... the admissibility of the
application in accordance with articles 50 and 56 of the Charter and Rule 40 of these Rules.”
23. Rule 40 of the Rules, which in substance restates the provisions of Article 56 of the
Charter, provides 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
ak
oN
anonymity;
comply with the Constitutive Act of the Union and the Charter;
not contain any disparaging or insulting language;
not be based exclusively on news disseminated through the mass media;
be filed after exhausting
local remedies,
if any,
unless
it is obvious that the
procedure is unduly prolonged;
6.
be filed 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
7.
not raise any matter or issues previously 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 or of any legal instrument of the
African Union.”
®
24.The
Court
notes
contention
that
between
the
requirements
the parties because
part in the proceedings.
However,
set
forth
in
Rule
the Respondent
pursuant to Rule
40
are
not
in
State did not take
39(1) of the Rules,
the
Court shall examine the conditions for admissibility of the Application.
25.The
Court
notes
that
the
Applicant
alleges
that
all
the
conditions
of
admissibility set out in Sub-Rules (1 to 7) of Rule 40 of the Rules have been
met.
26. It is clear from the case file that the Applicant’s identity is known as well as his
nationality. The Application is not incompatible with the Constitutive Act of the Ae
Afri
rican
Uni
Union and
d
the Charter.
a:
It does na
pee Cle ( >
7
</
* a
ve
;
;
aq.
or insulting
oD
(> —