2.) Compatibility of the Application with the Constitutive Act of the African Union and the Charter - Article 56(2) of the Charter 55. According to the Respondent, the rights mentioned in support of this Application are only enshrined in the Declaration. It argues that by failing to cite the provisions of the Constitutive Act of the African Union (hereinafter referred to as uthe Constitutive Act") or the Charter, uthe Applicants are inviting the Court to deal with an issue which falls outside of its competent jurisdiction". 3.) Application based exclusively on information disseminated from the mass media- Article 56(4) of the Charter 56. The Respondent argues that regarding the allegations of Police brutality, the Applicants' claim is based on news disseminated through the mass media. According to the Respondent, no proof of physical violence was adduced . 4.) Exhaustion of local remedie s- Article 56(5) of the Charter 57. The Respondent argues that the Applicants have neither exhausted local remedies in relation to their claim for compensation nor have they tried to exhaust local remedies in relation to alleged Police brutality. 58. On claims for compensation , the Respondent avers that after the dismissal of their application by the High Court in May 2011 , th Applicants filed an application for leave to appeal before the Court of ~~: 18

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