35. As regards its territorial jurisdiction, the Court notes that the alleged
violations happened within the Respondent State’s territory. In the
circumstances, the Court holds that its territorial jurisdiction is established.
36. In view of all of the above, the Court holds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
37. Pursuant 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”.
38. Pursuant to Rule 50(1) of the Rules, “the 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 the Rules.”
39. Rule 50(2) of the Rules,8 which in substance restates the provisions of
Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all the following
conditions:
a.
disclose the identity of the Applicant notwithstanding the latter’s
request for anonymity;
b.
comply with the Constitutive Act of the African Union and the
Charter;
c.
not contain any disparaging or insulting language;
d.
not be based exclusively on news disseminated through the
mass media;
e.
be filed after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
8
be filed within a reasonable time from the date local remedies
Rule 40, Rules of Court, 2 June 2010.
9