several applications against the same Respondent State does not necessarily mean that he/she lacks good faith.35 More substantiation is required to establish bad faith on the part of an Applicant.36 237. The Court considers that failure to disclose information or to file evidence on relevant material facts does not constitute sufficient grounds to declare an application as abuse of process. In any event, in accordance with Rule 51(1) of the Rules, it may, in the course of the proceedings and whenever it considers it necessary, request the parties to produce any relevant document and provide any relevant explanations. Notwithstanding, the Court will take note of any failure to produce documents or explanations. 238. In the light of the foregoing, the Court finds that the filing of the present Application does not constitute abuse of process. 239. Accordingly, the Court dismisses the Respondent State’s objection to the admissibility of this Application based on abuse of process. B. Objections to admissibility based on requirements provided for in the Charter 240. The Respondent State raises objections to the admissibility of the Application on the grounds that the Application is incompatible with the Constitutive Act of the AU (i) and is based on news disseminated by the mass media (ii). It submits that the Application was not filed after exhaustion of domestic remedies (iii) and that the Application concerns cases that were settled in conformity with the principles of the Charter of the United Nations, the Constitutive Act or the provisions of the Charter (iv). 35 Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin (merits and reparations) (4 December 2020) 4 AfCLR 133, § 64 ; XYZ v. Republic of Benin (merits and reparations) 4 AfCLR 83, § 42. 36 Ajavon v. Benin, ibid; XYZ v. Benin, supra, § 45. 55

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières