000t B. Other Aspects of Jurisdiction 37. The Court notes that other aspects of its jurisdiction have not been contested by the Respondent State and nothing on the record indicates that the Court does not have jurisdiction. The Court thus holds: that it has personal jurisdiction given that the Respondent state is a party to the Protocol and deposited the Declaration required under Article 34(6) thereof which enabled the Applicant to access the court in terms of Article 5(3) of the Protocol; that it has temporal jurisdiction on the basis 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 believes are marred by irregularitiesa; and that it has territorial juisdiction given that the facts of the matter occurred on the territory of a state Party to the protocol, that is, the Respondent State. 38. From the foregoing, the Court finds that it has jurisdiction to consider this Application. VI. 39 ADMISSIBILITY OF THE APPLICATION Pursuant to Rule 39 (1) of the Rules, "the court shall conduct a pretiminary examination of ... the admissibility of the Application in accordance with Article Charter, and Rule 40 of these Rules". 56 of the 40. Rule 40 of the Rules which in substance restates the provisions of Article 56 of the Charter, provides as follows: 4 See Application No. 013/2011. Rulin g on Preliminary Objections, 2 110612013, Zongo and Others v Burkina Faso, (hereinafter referred to as, "Zongo and Others e ), paras. 711o77 10 st