0013?0
B. Other aspects of jurisdiction
32.
The Court notes that the other aspects of its jurisdiction are not contested by
the Respondent State and there is no submission on record to suggest that the
Court does not have jurisdiction in these respects. The Court therefore holds
that:
It has personal jurisdiction given that the Respondent State is a party
to the Protocol and deposited the declaration required under Article
34(6) thereof which enabled the Applicants to access the Court in
terms of Article 5(3) of the Protocol;
I
It has temporal jurisdiction on the basis that while the alleged violations
began before the deposit of the declaration required under Article
34(6), they continued thereafter; and
It has territorial jurisdiction as the facts of the matter occurred in the
territory of the Respondent State.
33.|n light of the above, the Gourt holds that it has jurisdiction to examine the
present Applicaton.
VI.
ADMISSIBILITY
34.
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." ln accordance with Rule 39(1) of the Rules, "the 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 the Rules".
35.
Rule 40 of the Rules, which in substance restates the provisions of Article 56
of the Charter, provides that;
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:
t2