00083.&
It has temporal jurisdiction as the alleged violations were continuing
at the time the Application was filed, which is after the Respondent
State became a party to the Protocol and deposited its Declaration.
It has territorial jurisdiction given that the alleged violations occurred
within the territory of the Respondent State.
34. ln light of the foregoing, the court finds that it has jurisdiction to hear the
Application.
VI.
35.
ADMISSIBILITY
Pursuant to Article 6(2) of the Protocol, "[t]he Court shatt rute on the admissibitity of
cases taking into account the provisions of article 56 of the Charter,. ln terms of Rule
39 of its Rules, "[t]he Court shall conduct preliminary examination of ... the admissibility
of the application in accordance with articles 50 and 56 of the Charter, and Rule 40 of
these Rules."
36.
Rule 40 of the Rules, which in substance restates the provisions of Article 56 of
the Charter, provides 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:
disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
[.
comply with the Constitutive Act of the Union and the Charter;
iii
not contain any disparaging or insulting language;
iv
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;
VI
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; and
vI
Not raise any matter or issues previously setfled by the parties in accordance
with the principles of the charter of the united Nations, the constitutive Act of
9
a