6. In actual fact, the only stage in the procedure whic
h should take prec eden ce over the
determination of the Cour t's jurisdiction is the rece
ipt and registration of the application
by the Registry, after ensuring that its contents comp
ly with the provisions of Rule 34 of
the Rules of Cour t. Receiving the application shou
ld not howe ver be equated to the
admissibility of the application which lies within the
jurisdiction of the Court and is
therefore considered later by the latter, pursuant to
Article 56 of the Char ter and Rule 40
of the Rules of Court.
7. In the light of the abov e considerations , the
Court ough t to and should in future
dispo se of its jurisdiction before dealing with the appli
cation submitted for consideration,
exce pt coge nt reasons exist for it to deviate from that
normal proc edur e.
11. Dete rmin ing the ratione temporis juris dicti on
of the Cou rt
8. On the jurisdiction of the Cour t, the Responde
nt State had challenged the ratione
temporis jurisdiction of the Court, drawn from the
fact that the alleged violation
(prohibition of indep ende nt candidates in presidenti
al, legislative and local elections)
occurred, in its case , befo re the entry into force
of the Protocol establishing the Court
(paragraph 80(3) of the judgment).
9. As stated in the judg men t of the Court, the
2nd Appl icant objects to the abov e
submissions of the Resp onde nt as follows :
" ... a distinction has to be made between normative
and institutional provisions. The rights
sought to be protected were enshrined in the Charter to
which Respondent was already a party
at the time of the alleged violation; although the Proto
col came into operation later, it was
merely a mechanism to protect those rights . The Char
ter sets out rights while the Protocol
provides an institutional framework for enforcement of
those rights. The Applicant stated that it
is not the ratification of the Protocol that establishes the
rights , rather these rights existed in the
Charter and the Respondent has violated them and contin
ues to do so. The issue of retroactivity
therefore does not arise" (italics adde d) (Paragraph
81(3)).
10. Relying appa rentl y on those arguments of the
2ndAppl icant to coun ter that objection,
the Cour t dismissed it nota bly on the two grounds
set out below:
« The rights alleged to be violated are protected under the
Charter. By the time of the alleged
violat
ion, the Respondent had already ratified the Charter
and was therefore bound by it. The
Charter was operational and there was therefore a duty
on the Respondent as at the time of the
alleged violation to protect those rights.
At the time the Protocol was ratified by the Respondent
and when it came into operation in the
respect of the Respondent, the alleged violation
was continuing and is still continuing:
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