26. The Court notes
that its material, personal, temporal and territorial jurisdiction is
not in contention between the parties.
27 'The
Court also notes that, in the instant case, there is no doubt as to
its
material, personal, temporal and territorial jurisdiction given that:
the Applicants are raising the issue of violation of the rights guaranteed
by international human rights instruments ratified by the Respondent
i'
Statel;
ii.
the Respondent State is a Party to the Protocol and has deposited the
declaration prescribed by Rule 34(6) enabling individuals and NGOs
to
directly bring cases before the Court by virtue of Article 5(3) of the
Protocol;2
iii.
iv.
the alleged violations occurred subsequent to the entry into force of the
international instruments, as concerns the Respondent state3; and
the facts of the case took place on the territory of the Respondent State
28.|n view of the foregoing considerations, the court holds that it has jurisdiction
to
hear the case.
VI
ON ADMISSIBILITY
29.According to Article 6 (2) of the Protocol: "The Court shall rule on the
admissibility of
a case taking into account the provisions of Article 56 of the charter.,,
30.
The Respondent State invokes only one inadmissibility objection based on
Rule
40 (5) of the Rules of Court which stipulates that, "to be admissible, Applications
shall be filed after exhausting tocal remedies, if any, unless it is obvious that this
procedure is unduly prolonged,,.
'
See para 2 of this judgment.
'
See para 2 of this judgment.
u
ldem.
7
@-9'