Original: French
4. Are not based exclusively on news disseminated through the mass
media;
5. Are sent after exhausting local remedies , if any, unless it
is obvious that this procedure is unduly prolonged ;
6. Are submitted within a reasonable period from
the time local remedies are exhausted or from
the date the Commission is seized of the
matter; and
7. Do not deal with cases which have been settled by the States
involved in accordance with the principles of the Charter of the
United Nations or the Charter of the Organization of African Unity or
the provisions of the present Charter."
64. The Court notes that the conditions regarding the identity of
Applicants, the Application's compatibility with the Constitutive Act of the
African Union and the Charter, the language used in the Application , the
nature of the evidence and the principle of non bis in idem, (sub-rules 1,
2, 3, 4 and 7 of Rule 40 of the Rules of Court), are not in dispute. The
Court also notes that nothing in the records submitted by the Parties
suggests that any of the conditions has not been met in the instant case.
65. Furthermore in the instant case and as the Court has indicated
(supra , paragraph 41 ), by failing to reply to the Application addressed to
it and despite extensions of the allowed time limit, the Respondent State
did not submit any observations on the question of exhaustion of local
remedies and on the time line for seizure of the Court.
66.
As regards the exhaustion of local remedies , the Applicant
maintains that Libya's Criminal Procedure Code contains several
provisions "which in principle govern detention, and make it a right
for a Detainee to complain about his/her detention ". In particular, m