33. Under Rule 50(1) of the Rules “The Court shall ascertain the admissibility
of an Application filed before it in accordance with Article 56 of the Charter,
the Protocol and these Rules”.
34. Rule 50(2) of the Rules, which in substance restates Article 56 of the
Charter, provides that:
Applications filed before the Court shall comply with all of the following
conditions:
a)
lndicate their authors even if the latter request anonymity,
b)
Are compatible with the Constitutive Act of the African Union
(hereinafter referred to as “the Constitutive Act”) and with the
Charter;
c)
Not contain any disparaging or insulting language towards the
State concerned and its institutions or the African Union;
d)
Not based exclusively on news disseminated through the mass
media;
e)
Are sent 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;
g)
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
35. The Court notes that there is no contention regarding compliance with the
conditions set out in Rule 50(2) of the Rules. Nevertheless, the Court must
satisfy itself that these requirements have been fulfilled.
36. In this regard, the Court notes that the condition set out in Rule 50(2)(a) has
been fulfilled as the Applicant has clearly indicated his identity.
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