0013?0 B. Other aspects of jurisdiction 32. The Court notes that the other aspects of its jurisdiction are not contested by the Respondent State and there is no submission on record to suggest that the Court does not have jurisdiction in these respects. The Court therefore holds that: It has personal jurisdiction given that the Respondent State is a party to the Protocol and deposited the declaration required under Article 34(6) thereof which enabled the Applicants to access the Court in terms of Article 5(3) of the Protocol; I It has temporal jurisdiction on the basis that while the alleged violations began before the deposit of the declaration required under Article 34(6), they continued thereafter; and It has territorial jurisdiction as the facts of the matter occurred in the territory of the Respondent State. 33.|n light of the above, the Gourt holds that it has jurisdiction to examine the present Applicaton. VI. ADMISSIBILITY 34. Pursuant to Article 6(2) of the Protocol, "the Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter." ln accordance with Rule 39(1) of the Rules, "the Court shall conduct preliminary examination of ... the admissibility of the Application in accordance with articles 50 and 56 of the charter, and Rule 40 of the Rules". 35. Rule 40 of the Rules, which in substance restates the provisions of Article 56 of the Charter, provides that; Pursuant to the provisions of article 56 of the Charter to which article 6(2) of the Protocol refers, applications to the Court shall comply with the following conditions: t2

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