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
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