- 18; Thus in the terms of those provisions, even where the· jurisdiction of the Court is established, an application whose subject matter concerns
human rights violation, shall be admissible when three criteria are met:
the applicant's status as a "victim" must be established, the nonanonymous nature of the application, and the absence of litispendence
before another international court or tribunal.
19. Those criteria are not exhaustive, and notably, the Court has had to set
out, in various instances, other criteria of admissibility.
20. Thus, an application on human rights violation which at the time of
lodgement does not exhibit any international nature, and proves to be
premature or precocious, may be declared inadmissible (See: Registered
Trustees of Jama'a Foundation & 5 Others v. The Federal Republic of
Nigeria, Attorney General of the Federation and Minister of Justice, 1
December 2012, §57, §58, and §63).
21. In the instant case, the Republic of Togo contends that the Application is
inadmissible on the ground that the Applicants have no locus standi and
lack the capacity to sue. It argues that
barring the
production of
irrefutable evidence as to the real identity and physical existence of the
Applicants the Court must conclude that the Applicants have neither locus standi
nor capacity to sue before court.
22. The Parties pleaded their submissions on this issue at the hearing of 30
October 2012. Then at the hearing of 18 April 2013, pursuant to Article
16 (formerly Article 15) of the Protocol on the Court and Article 58 of the
Rules of the Court, the Court asked Plaintiff Counsel to furnish it with an
exhaustive list of the victims, indicating their complete identity, age,
address, exact number, and other points for reference (like evidence
regarding wounds and the aftereffects alleged by the victims).
-
23. On 14 May 2013, Plaintiff Counsel produced:
• A list of victims of the 2005 violent incidents;
• Nine proofs of evidence or leads to evidence;
• Four death certificates out of the 13 alleged cases of death.
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