V. JURISDICTION OF THE COURT
42.According
to Rule 39(1) of the Rules, the Court shall conduct a preliminary
examination
of its jurisdiction; and shall, in that regard,
successively,
has
personal,
material,
temporal
and
satisfy itself that it,
territorial jurisdiction
to
hear the case.
a)
Personal jurisdiction
43.The
Protocol
instituted
must
provides
that
the
State
against
which
not only be a Party to the Protocol,
an
action
but also, with
has
been
respect to
cases instituted by individuals or NGOs, it must have made and deposited the
declaration accepting the jurisdiction of the Court to receive such cases under
Article 34(6) of the Protocol read together with Article 5(3) thereof.
44.\n the instant case, the Court has noted that the Respondent State became a
Party to the
Protocol
on
25
January
2004
and
deposited
the declaration
contemplated
under Article 34(6) of the Protocol on 23 July 2013.
The Court
therefore has jurisdiction to hear the instant case in respect of the Respondent
State.
45.Regarding the Applicant, the Court observes that the Application was filed on
behalf
of an
Ivorian
Non-Governmental
Organization,
APDH,
which
has
Observer Status before the Commission.
46. It follows from the foregoing that the Court's personal jurisdiction in the instant
case,
with
respect
to both
the
Respondent
and
the Applicant,
has
been
established.
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