deposited the Declaration entitling individuals and NGOs to file applications
with the Court, which is the case in the present application5.
27. The Court emphasises that in the instant case, the Respondent State is a
party to the Charter and the Protocol. Moreover, it had deposited the
Declaration at the time of filing the Application. Accordingly, the Applicant
has validly seized the Court.
28. The Court further observes that it is not challenged that the Applicant is the
daughter of the victim. The Court considers that such relationship is a
ground for her standing before this Court.
29. Consequently, the Court dismisses the preliminary objection raised.
B. Admissibility requirements provided by the Charter and the Rules
30. Article 6(2) of the Protocol provides that “[t]he Court shall rule on the
admissibility of cases taking into account the provisions of Article 56 of the
Charter”.
31. In accordance with Rule 50(1) of the Rules,6 “[t]he Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter and Article 6(2) of the Protocol and these Rules”.
32. Rule 50(2) of the Rules, which in substance restates Article 56 of the
Charter, provides as follows:
Applications before the Court shall comply with 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;
5
6
XYZ v. Republic of Benin (merits and reparations) (27 November 2020) 4 AfCLR 83, §§ 54-55
Rule 40 of the Rules of 2 June 2010.
9