ooorce
(iii) lt has territorial jurisdiction given that the facts of the case occurred
in the Respondent State's territory.
24.In light of the foregoing, the Court holds that it has jurisdiction to consider
the Application.
VI. ADMISSIBILITY
25. 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 addition
Rule 39 (1) of the Rules provides that "the Court shall conduct preliminary
examination of its jurisdiction and the admissibility of the application in accordance
with articles 50 and 56 of the Charter and Rule 40 of these Rules".
26. Under Rule 40 of the Rules, which in essence restates the provisions of
Article 56 of the Charter, Applications filed before the Court shall be
admissible if they fulfil the following conditions:
"1. disclose the identity
of the Applicant notwithstanding the latter's request for
anonymity;
2. comply with the Constitutive Act of the Union and the Charter;
3. not contain any disparaging or insulting language;
4. not be based exclusively on news disseminated through the mass media;
5. be filed after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged;
6.
be filed within a reasonable time from the date local remedies were
exhausted or from the date set by the Court as being the commencement
of the time limit within which it shall be seized with the matter; and
7. not raise any matter or issues
previously settled by the parties in
accordance with the principles of the Charter of the United Nations, the
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