tXr009'2
it has personal jurisdiction as the
Respondent state is party to the
Protocol and deposited the dectaration prescribed in Article 34(6) of the
Protocol which enabled the Applicant to seize the court in accordance
with Article 5 (3) of the protocol. Moreover, the Apptication
was fited
within one (1) year from the time set by the court to give effect to the
withdrawal of the declaration by the Respondent State;
I
it has materialjurisdiction in as much as the Applicant alleges violation of
Articles 1 and 14 of the charter, Articte 2(3) (c) of the lnternational
covenant on civit and poriticar Rights (rccpR), Articre 6(1) of the
lnternational covenant on Economic, social and cultural Rights
(lcEScR), and Article 17(2) ot the universal Declaration of Human
Rights (UDHR). Alr these instruments have been ratified by the
Respondent state and the court has the power to interpret and apply
them by virtue of Article 3 of the protocol.
26
ilt
it has temporaljurisdiction, since the alleged violations are continuing in
nature
IV
it has territorialjurisdiction given that the facts of the case occurred in the
territory of a state party to the protocol, namely, the Respondent State.
Based on the above, the Court concludes that it has jurisdiction to consider this
case
VI. ADMISSIBILITY
27
According 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.',
e