0005 0 6
on 29 March 2010 and this Declaration enabled the Applicant to file the
present Application in accordance with Article 5(3) of the Protocol.
It has temporaljurisdiction because the alleged violations are continuous
in nature.l
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.
33.
U.
From the foregoing, the Court finds that it has jurisdiction to hear the instant case.
ADMISSIBILITY
34.
Pursuant
to Rule 39(1) of the Rules, "The Court
shall conduct
a
preliminary
examination of ... the admissibility of the Application in accordance with Article ... 56 of
the Charter and Rule 40 of these Rules".
35.
Rule 40 of the Rules which in substance restates Article 56 of the Charter sets
outs the requirements for the admissibility of applications 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 latter's request for
anonymity;
2.
3.
4.
5.
Comply with the Constitutive Act of the Union and the Charter;
Not contain any disparaging or insulting language;
Not be 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;
lApplication No.013/2011, Judgment ot2810312014, NorbertZongoand Othersv Burkina Faso(hereinafter
referred to as "Norberf Zongo v Burkina Faso Judgment"), $ 50; Application No. 006/2015. Judgment of
2310312018, Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v United Republic of Tanzania
(hereinafter referred lo as"Nguza Viking v Tanzania Judgment"), $ 38.
9
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