000626
(ii) it has temporal jurisdiction in view of the fact that by the time of the
alleged violations, the Respondent State had already ratified the Charter
and therefore bound by it.3
(iii) it has territorial jurisdiction given that the facts of the matter occurred
within the territory of a State Party to the Protocol, that is, the Respondent
State.
25. ln light of the foregoing considerations, the Court holds that it has jurisdiction to hear
the Application.
VI.
ADMISSIBILITY OF THE APPLICATION
26. ln terms of Article 6(2) of the Protocol, "the Court shall rule on the admissibility of cases
taking into accountthe provisions of Article 56 of the Charter." Pursuantto Rule 39(1)of
the Rules, "the Court shall conduct preliminary examination of ... the admissibility of the
Application in accordance with Article. ..56 of the Charter and Rule 40 of the Rules."
27. Rule 40 of the Rules, which in essence restates Article 56 of the Charter, stipulates
as follows:
"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:
1. Disclose the identity of the Applicant notwithstanding the latte/s request
2. Comply with the Constitutive Act of the Union and the Charter;
3. Not contain any disparaging or insulting language;
4.
5.
for anonymity;
Not based exclusively on news disseminated through the mass media;
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;
3
Application No. 011/20'1
of Tanzania (Merits) $ 84.
l
Judgment ot '14106113 (Merits), Reverend Christophe r Mtikila v Un
V
,
Yt".-q