It has temporal jurisdiction given the fact that the alleged facts
occurred subsequent to the entry into force, for the Respondent
State, of the aforementioned international instruments'
It has territorial
iii
jurisdiction given the fact that the alleged
violations occurred in the territory of the Respondent State.
ln view of the foregoing considerations, the Court holds in conclusion that it
30
has jurisdiction to hear this case.
VI.
31
ADMISSIBILITY OF THE APPLICATION
.
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 Charte/'.
32.
Pursuant to Rule 39 of its Rules, the Court "shall conduct preliminary examination
of ... the admissibility of the application in accordance with Articles 50 and 56 of the
Charter, and Rule 40 of these Rules".
33.
Rule 40 of the Rules, which substantially reproduces the content of Rule 56
of the Charter, provides as follows:
"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.
disclose the identity of the Applicant notwithstanding the latter's request
for anonymity;
2.
3.
4.
5.
6.
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 it is obvious that
this procedure is unduly prolonged;
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; and
7. not raise any mater or issues previously settled by the parties in
ance with
r
principles of the Charter of the United Nations, the
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