B. Admissibility of the Application based on the provisions of Article 56 of
the Charter
91.
According to Article 6(2) of the Protocol: “The Court shall rule on the admissibility
of a case taking into account the provisions of Article 56 of the Charter.”
92.
Furthermore,
under Rule 39 of the Rules,
"the Court shall make
a preliminary
examination (...) of the conditions of admissibility of the Application as provided
for in Articles ... 56 of the Charter and Rule 40 of these Rules”.
93.
Rule 40 of the Rules which essentially restates the contents of Article 56 of the
Charter, provides that:
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;
ND
. comply with the Constitutive Act of the Union and the Charter;
aK
WO
. not contain any disparaging or insulting language;
. hot be based exclusively on news disseminated through the mass media;
. be filed after exhausting
local
remedies,
if any,
unless
it is 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;
7. not raise any matter 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.
94.
The Court notes from the records that compliance with sub-rules 1, 2, 3, 4, 5, 6
and
7 of Rule
40
of the
Rules
is not
in contention
between
the
Parties.
Nevertheless, the Court must still ascertain that the requirements of the said subrules have been fulfilled.
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