C. Other aspects of jurisdiction
41.The Court notes that its personal, temporal and territorial
jurisdiction are not
disputed by the Respondent State and that nothing on record indicates that the
Court lacks such jurisdiction. The Court accordingly holds that:
(i)
It has
temporal
jurisdiction
given
that the
alleged
violations
are
continuous in nature, in that the Applicant remains convicted and is
serving a sentence of thirty (30) years’ imprisonment on grounds which
he considers wrong and indefensible;
(ii) __ It has territorial jurisdiction given that the facts of the case occurred in
the Respondent State's territory.
42.In light of the foregoing, the Court holds that it has jurisdiction to hear this
Application.
Vi.
ADMISSIBILITY
43. 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”.Rule 39
(1)
of the
examination
Rules
of
also provides
its jurisdiction
that
and
“the Court
the
shall
admissibility
conduct
of the
preliminary
application
in
accordance with Articles 50 and 56 of the Charter and Rule 40 of these Rules”.
44. Rule 40 of the Rules, which in essence restates the provisions of Article 56 of
the Charter, provides that:
‘Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise liboudo and
Mouvement Burkinabé des Droits de I'Homme et des Peuples v. Burkina Faso (preliminary objections) 1
AFCLR 197, §§ 71-77.
14