African Union and the Charter and holds that it meets the requirements of
Rule 50(2)(b) of the Rules.
70. 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.
71. The Application is not based exclusively on news disseminated through
mass media as it is based on court documents from the municipal courts of
the Respondent State in fulfilment of Rule 50(2)(d) of the Rules.
72. Further, 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 or of any legal instrument of the African Union in fulfilment of
Rule 50(2)(g) of the Rules.
73. In view of the above, the Court concludes that the Application meets all the
admissibility conditions under Article 56 of the Charter as read together with
Rule 50(2) of the Rules in respect of the Second Applicant, hence, declares
it admissible.
VII. MERITS
74. In view of its finding above on the admissibility of the Application, the Court
will only examine the Second Applicant’s allegations on the merits.
75. The Second Applicant alleges the violation of his right to defence protected
under Article 7(1)(c) of the Charter and Article 10(2) of the Protocol. He also
alleges a violation of Article 7(2) of the Charter regarding the imposition of
a sentence of life imprisonment. The Court will examine these allegations in
turn.
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