the Protocol, and therefore that it has jurisdiction to interpret and apply the
same.
c)
Temporal jurisdiction
66. The Court holds that, in the instant case, the relevant dates are the date of the
entry
into
force,
for
the
Respondent
State,
of
the
above-mentioned
international instruments ratified by that State, and that of the deposition of the
declaration prescribed by Article 34(6) of the Protocol allowing individuals and
non-governmental
organizations to bring cases directly to the Court.
Given
that the facts on which the alleged violations are based took place after the
aforesaid
dates
(supra. paragraphs
44 and 48), the Court finds that it has
temporal jurisdiction to hear the case.
d)
67.The
Territorial jurisdiction
Court
notes
that the facts on which
the alleged
violations
are based
occurred on the territory of the Respondent State. It therefore holds that it has
territorial jurisdiction to hear the case.
68. It therefore follows from all the foregoing considerations that the Court has the
jurisdiction to hear the instant case.
Vi. ADMISSIBILITY OF THE APPLICATION
69.According to the aforementioned Rule 39 of the Rules, “the Court shall conduct
preliminary examination
of its jurisdiction and the admissibility of the Application in
accordance with Article 50 and 56 of the Charter, and Rule 40 of these Rules”.
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