37. Pursuant to 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, Article 6(2) of the Protocol and these Rules.”
38. Rule 50(2) of the Rules,7 which in substance restates the provisions of
Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all the following
conditions:
a.
disclose the identity of the Applicant notwithstanding the latter’s
request for anonymity;
b.
comply with the Constitutive Act of the African Union and the
Charter;
c.
not contain any disparaging or insulting language;
d.
not be based exclusively on news disseminated through the
mass media;
e.
be filed after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
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
g.
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.”
39. The Court notes that the admissibility requirements set out in Rule 50(2) of
the Rules are not in contention between the Parties, as the Respondent
State did not take part in the present proceedings. However, pursuant to
Rule 50(1) of the Rules, the Court is required to determine if the Application
fulfils all the admissibility requirements as set out in Rule 50(2).
6 Rule 39(1), Rules of Court, 2 June 2010.
7 Rule 40, Rules of Court, 2 June 2010.
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