(iii) it has territorial jurisdiction in so far
as the facts occurred on
the
Respondent's territory.
25. It thus follows from all the foregoing considerations that the Court has
jurisdiction to hear the instant case.
VI. ADMISSIBILITY OF THE APPLICATION
26. In terms of 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".
27. Rule 40 of the Rules which essentially reproduces the contents 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:
1. disclose the identity of the Applicant notwithstanding the latter's request
for anonymity;
2. comply with the Constitutive Act of the Union and the Charter;
3. not contain any disparaging or insulting language;
4. not be based exclusively on news disseminated through the mass media;
5. be filed after exhausting local remedies, if any, unless it is obvious that
this procedure is unduly prolonged;
6. 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;
7. not raise any matter or issues previously settled by the parties in
accordance with the principles of the Charter of the United Nations, the
Constitutive Act of the African Union, the provisions of the Charter or of
any legal instrument of the African Union".
28. Of the seven (7) conditions mentioned above, the Respondent raised
only one objection in relation to exhaustion of local remedies.
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A