000{86
VI. ADMISSIBILITY
33.
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". Pursuant to Rule 39 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".
34.
Rule 40 of the Rules, which in essence restates Article 56 of the Charter, stipulates
that Applications shall be admissible if they fulfil the following conditions:
"1 .
lndicate their authors even if the latter request anonymity,
2.
Are compatible with the charter of the organization of African Unity or with the
present Charter,
3. Are not written in disparaging or insulting language'
4. Are not based exclusively on news disseminated through the mass media,
5. Are filed after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged,
6.
Are filed within a reasonable period from the time local remedies are exhausted or
from the date the Commission is seized of the matter, and
7. Do not deal with cases which have been settled by the States involved in
accordance with the principles of the Charter of the United Nations, or the Charter
of the Organization of African Unity or the provision of the present Charter."
35.
The Applicant submits that the Application discloses the Applicant's identity since he
did not request anonymity. Furthermore, he avers that the Application accords with
the objectives of the African Union because it invites the Courl to consider whether
the Respondent State is meeting its obligations to protect the Applicant's rights
under the Charter. ln support of his submission, he cites the case of Peter Chacha
v Tanzania, where the Court held that an application will be admissible if its facts
reveal a prima facie violation of a protected right.6
6Application No. 003/2012. Ruling of 2810312014 (Jurisdiction and Admissibility), Peter Chacha v llnited
Republic of Tanzania, $123.
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