Original: French IV. MERITS OF THE APPLICATION TO ENTER A JUDGMENT IN DEFAULT 38. The Applicant prays the Court to: "Render a judgment in default against Libya under Article 55 of the Rules of Court and notes that Libya has violated and continues to violate Mr Gadhafi's rights guaranteed by Articles 6 and 7 of the African Charter on Human and Peoples' Rights (the "Charter")." 39. In addressing the Applicant ' s request, the Court recalls the relevant provisions of Ru le 55 of its Rules regarding "judgment in default" and must ascertain whether all the requirements of this Rule have been met in the case before it . 40. Rule 55 of the Rules provides that: "Whenever a party does not appear before the Court, or fails to defend its case, the Court may, on the application of the other party, pass judgment in default after it has satisfied itself that the defaulting party has been duly served with the application and all other documents pertinent to the proceed ings. Before acceding to the application of the party before it, the Court shall satisfy itself that it has jurisdiction in the case, and that the application is admissible and well founded in fact and in law." 41. Regarding the requirement of ascertaining "that the defaulting party has been duly served with the application and all other documents pertinent to the proceedings" ; it appears from the account of the different stages of the aforesaid proceedings that both the Applicant and Registry communicated all the pleadings to the Respondent , including the request for provisional measures dated 8 January 2013 , and received at the Court on 31 January 1 <fl 'l )!C, / //u-ti ~ ~ JJ{_ p ~ 17 {! J ~- _ )_ ~u·