000918
It has territorial jurisdiction given that the facts of the matter and
alleged violations occurred within the territory of the Respondent
IV
State.
34. ln light of the foregoing,
the Court holds that it has jurisdiction to hear the instant
case and therefore finds that the Respondent State's objection is unfounded.
VI.
ADMISS!BILITY
35
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.,'
36
ln accordance with Rule 3g(1) of the Rules, "the court shall conduct pretiminary
examination of ... the admissibility of the Application in accordance with article
the Charter and Rule 40 of the Rules."
37.
56 of
Rule 40 of the Rules, which in substance restates the provisions 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, applications to the court shall comply with the following
conditions:
1
.
2.
3.
4.
5.
Disclose the identity of the Applicant notwithstanding the latter,s request for
anonymity;
Comply with the Constitutive Act of the Union and the Charter;
Not contain any disparaging or insulting language;
Not based exclusively on news disseminated through the mass media;
Be filed after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged;
6.
Be filed within a reasonable time from the date local remedies were
exhausted or from the date set by the court as being the commencement
of the time limit within which it shall be seized with the Matter;
7.
Not raise any matter or issues previously setfled by the parties in
accordance with the principles of the charter of the United Nations, the
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l0
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