52. The Court also notes that the Application seeks to protect the Applicant’s
rights guaranteed under the Charter. It further notes that 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.
Furthermore, the Application does not contain any complaint or request that
is incompatible with any provision of the said Act. Accordingly, the Court
considers that the Application is compatible with the Constitutive Act of the
African Union and the Charter, and, therefore, holds that it meets the
requirement of Rule 50(2)(b) of the Rules.
53. Furthermore, the language in which the Application is drafted is neither
disparaging nor insulting to the Respondent State or its institutions, as the
Application is based on information contained in official documents such as
court decisions rendered by national courts. The Court, therefore, holds that
the Application complies with the requirements of Rule 50(2)(c) of the Rules.
54. Finally, the Application does not concern a matter that has previously been
settled in accordance with the principles of the United Nations Charter, the
Constitutive Act of the African Union, the provisions of the Charter or any
legal instrument of the African Union. It, therefore, complies with Rule
50(2)(g) of the Rules.
55. In light of all of the foregoing, the Court holds that the instant Application
meets all admissibility requirements under Article 56 of the Charter, read in
conjunction with Rule 50(2) of the Rules of Court, and accordingly declares
it admissible.
VII. MERITS
56. The Applicant alleges that the Respondent State violated i) his rights to
equality before the law and equal protection before the law, and ii) his right
to free legal assistance.
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