an instrument withdrawing its Declaration. The Court recalls its
jurisprudence that the withdrawal of the Declaration does not apply
retroactively and only takes effect 12 months after the notice of such
withdrawal has been deposited, in this case, on 22 November 2020. This
Application, having been filed before the Respondent State’s withdrawal
came into effect, is thus not affected by it. Consequently, the Court holds
that it has personal jurisdiction to hear this Application.
35. With regards to its territorial jurisdiction, the Court notes that the violations
alleged by the Applicant happened within the territory of the Respondent
State, which is a party to the Protocol. In the circumstances, the Court finds
that its territorial jurisdiction is established.
36. In light of all the above, the Court finds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
37. 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”.
38. In line with Rule 50(1) of the Rules, “the Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
39. The Court notes that Rule 50(2) of the Rules, which in substance restates
the provisions of Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity;
10