and application of the Charter, th1s Protocol and any other relevant human rights instrument ratified by the States concerned" 31 15 Burkma Faso ratified the Charter on 6 July 1984 and the Protocol on Decemb er 1998, and is therefore party to both instruments, it has equally on 28 July 1998. made the declaration accepting the competence of the Court to receive cases from Individuals and non-governmental organisations, withm the meaning of Article 34 (6) of the Protoco l 16. In light of the above, the Court finds that it does have prima facte j unsdiction to hear the Application IV. On the provisional measures sought 17 Article 27 (2) of the Protocol prov1des that ''m cases of extreme gravity and urgency , and when necessary to avo1d irreparable harm to persons , the Court shall adopt such provisional measures as it deems necessary". te 18. The first provisional measure sought by the Applicant is his immedia release. 19. The Court observes that consideration of the measure sought here. corresponds in substance, to one of the reliefs sought in the substantive case . namely that the punishment of imprisonment is 1n essence a VIolation of the right to freedom of expression, in the opin1on of the Court, consideration of th1s prayer would adverse ly affect consideration of the substantive case. 20. For this reason , the Court cannot grant the Applicant's request for his Immediate release within the framework of a prov1s1onal measure. 21 The second provisional measure sought by the Applicant is that, in the event his immediate release is denied, the Respondent be ordered to provide him with adequate medical care. He states that his health had deteriorated s1nce his detention and that he needed medication and -r -h / 5 ~ ad:~al c p . ,... ~ ~ ~ ~