th-t007,1
Respondent State and the Court has the power to interpret and
apply them by virtue of Article 3 of the Protocol.
lI
it
has lemporal jurisdiction, since the alleged violations
are
continuing in nature.
IV
it has territorialjurisdiction given that the facts of the case occurred
in the territory of a State party to the Protocol, namely,
the
Respondent State.
24. Based on the above, the Court holds that it has jurisdiction to hear this case
VI. ADMISSIBILITY
25. According to 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."
26. ln accordance with Rule 39 (1) of its Rules,
"The Court shall conduct preliminary
examination of its jurisdiction and the admissibility of the application in accordance with
articles 50 and 56 of the Charter, and Rule 40 of these Rules".
27.
Rule 40 of the Rules, which essentially restates the content of Article 56 of the
Charter provides that: "pursuant to the provisions of Article 56 of the Charter to which
Article 6(2) of the Protocol
refers, for an Application to be admissible, the following
conditions shall be met:
L
disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
2.
3.
4.
5.
comply with the Constitutive Act of the Union and the Charter
;
not contain any disparaging or insulting language;
not be based exclusively on news disseminated through the mass media;
be filed after exhausting local remedies, if any, unless
procedure is unduly prolonged;
it is obvious that this