000230
30.In view of the above considerations, the Court holds in conclusion that it has
jurisdiction to hear the instant case.
VI.
ADMISSIBILITY OF THE APPLICATION
31 . ln
terms of Article 6(2) of the Protocol, "the Court shall rule on the admissibility of cases
taking into account the provisions of Article 56 of the Charter".
32.According to Rule 39(1) of its Rules, "the Court shall conduct preliminary examination
of ... the admissibility of the Application in accordance with Articles 50 and 56 of the
Charter, and Rule 40 of these Rules".
33. Pursuant to Rule 40 of the Rules which in substance restates the content of Article
56 of the Charter, " ....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;
3. not contain any disparaging or insulting language;
4. not be based exclusively on news disseminated through the mass media;
5. 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; and
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".
34.The Court notes that, with regard to the admissibility of the Application, the
Respondent State raises two preliminary objections concerning exhaustion of local
remedies and the deadline for seizure of the Court.
9
S