47. The Court thus finds that it has material jurisdiction to consider the present
Application.
48. With regards to territorial jurisdiction, the Court notes that the alleged
violations in the present Application occurred within the territory of the
Respondent State, which is a member of the African Union and a State Party
to the Protocol.12 Accordingly, the Court’s territorial jurisdiction is
established in this Application.13
49. In light of the foregoing, the Court holds that it has jurisdiction to hear this
Application.
VI.
ADMISSIBILITY
50. Article 6(2) of the Protocol provides that: “the Court shall rule on the
admissibility of cases taking into account the provisions of article 56 of the
Charter.”
51. Pursuant to Rule 50(1) of the Rules, “[t]he Court shall ascertain the
admissibility of an application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
52. Rule 50(2) of the Rules, which in substance restates the provisions of Article
56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union
and with the Charter;
12
13
Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, § 41.
Ibid.
13