Vil.
ADMISSIBILITY
29. Pursuant to the provision of Article 6(2) of the Protocol "[t]he Court shall
rule on the admissibility of cases
taking into account the provisions of
Article 56 of the Charter".
30. Furthermore under Rule 39(1) of its Rules, "[t]he Court shall conduct a
preliminary
examination
of ... the admissibility
of the
application
in
accordance with articles 50 and 56 of the Charter and Rule 40 of these
Rules".
31. Rule 40 of the Rules of Court, which
in substance restates Article 56 of
the Charter, sets out the conditions for the admissibility of applications 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 anonymity;
2.
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
unless
it is
mass media;
5.
be
filed
after exhausting
local
remedies,
if any,
obvious that this 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 mater 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.
10