0000etr 28. ln accordance with rule 39(1) of its Rules, "The Court shall conduct preliminary examination of its jurisdiction and the admissibility of the application in accordance with articles 50 and 56 of the Charter, and Rule 40 of the Rules,'. 29. Rule 40 of the Rules, which essentially restates the content of Article 56 of the Charter provides that: "pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the Protocol refers, for an Application to be admissible, the following conditions shall be met: 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 mater 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". 30. The Court notes that the admissibility requirements set forth in Rule 40 of the Rules are not in contention between the parties, the Respondent State having not participated in the proceedings. However, in accordance with Rule 3g(1) of the Rules, the Court shall conduct a preliminary examination of its jurisdiction and the admissibility of the Application. 31. lt is clear from the case file that the Applicant's identity is known as well as his nationality. The Application is not incompatible with the Constitutive Act of the African Union and the charter. lt does not contain disparaging or insul ng 8