VI.
ADMISSIBILITY
24. Article 6(2) of the Protocol provides that: “the Court shall decide on the
admissibility of applications taking into account the provisions set out in Article
56 of the Charter.”
25.
Under Rule 50(1) of the Rules, “[t]he Court shall ascertain the admissibility of
an Application filed before it in accordance with Articles 56 of the Charter,
Article 6 (2) of the Protocol and these […] Rules”.
26. Rule 50(2) of the Rules, which in substance restates the provisions of Article
56 of the Charter, provides:
Applications filed with the Court must meet all of the following conditions:
a.
Indicate their authors even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union and
with the Charter;
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the mass
media;
e.
Are sent after exhausting local remedies, if any, unless it is obvious
that this procedure is unduly prolonged;
f.
Are submitted 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
seised with the matter; and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
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