C. Other aspects of jurisdiction 41.The Court notes that its personal, temporal and territorial jurisdiction are not disputed by the Respondent State and that nothing on record indicates that the Court lacks such jurisdiction. The Court accordingly holds that: (i) It has temporal jurisdiction given that the alleged violations are continuous in nature, in that the Applicant remains convicted and is serving a sentence of thirty (30) years’ imprisonment on grounds which he considers wrong and indefensible; (ii) __ It has territorial jurisdiction given that the facts of the case occurred in the Respondent State's territory. 42.In light of the foregoing, the Court holds that it has jurisdiction to hear this Application. Vi. ADMISSIBILITY 43. In terms of 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”.Rule 39 (1) of the examination Rules of also provides its jurisdiction that and “the Court the shall admissibility conduct of the preliminary application in accordance with Articles 50 and 56 of the Charter and Rule 40 of these Rules”. 44. Rule 40 of the Rules, which in essence restates the provisions of Article 56 of the Charter, provides that: ‘Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise liboudo and Mouvement Burkinabé des Droits de I'Homme et des Peuples v. Burkina Faso (preliminary objections) 1 AFCLR 197, §§ 71-77. 14

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