subject of proceedings that were allegedly unduly prolonged, in which no
grievance was raised against it.
32. It concludes that the Application is incompatible with the Constitutive Act of
the African Union. Accordingly, it prays the Court to declare the Application
inadmissible in line with its jurisprudence.
33. The Applicant did not submit on this point.
***
34. The Court notes that the Applicant’s requests seek to protect his rights
guaranteed by the Charter, in particular his right to a fair trial. It further notes
that one of the objectives of the Constitutive Act of the African Union as
stated in Article 3(h) thereof is the promotion and protection of human and
peoples’ rights. Furthermore, the Application does not contain any request
that is incompatible with any provision of the said Act.
35. Consequently, the Court dismisses the objection and holds that the
Application is compatible with the Constitutive Act and therefore satisfies
the requirement of Rule 50(2)(b) of the Rules.
B. Objection to admissibility based on non-exhaustion of local remedies
36. The Respondent State submits that the Applicant does not prove that he
actually brought proceedings before domestic courts against the persons
responsible for the violations he alleges. According to the Respondent
State, the Applicant also fails to prove that local remedies are ineffective or
unnecessary.
37. Furthermore, as regards the Applicant’s assertion that no action was taken
on his petition before the Constitutional Court, the Respondent State
pointed out that the Constitutional Court has jurisdiction over disputes
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