(ii)
that it has territorial jurisdiction in as much as the facts of the case
occurred on the territory of a State Party to the Protocol, Le. the Respondent
State.
48.ln view of the foregoing observations, the Court finds that it has jurisdiction to
examine this Application.
VII.
ADMISSIBILITY OF THE APPLICATION
49. The admissibility requirements before the Court are provided in Articles 50 and
56 of the Charter, Article 6 (2) of the Protocol and Rules 39 and 40 of the Rules.
These provisions mandate the Court to conduct a preliminary examination of
an Application in accordance with Article 50 and 56 of the Charter. Rule 40 of
the Rules provides as follows:
"Pursuant to the provisions of article 56 of the Charter... 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. comply with the Constitutive Act of the African Union or the Charter;
3. do not contain any disparaging or insulting language;
4.
are not based exclusively on news disseminated through the mass media;
5. are filed
after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged;
6. are filed within a reasonable period from the time 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. do not raise any matter or issues previously settled by the parties in accordance
with the principles of the Charter of the United Nations, the Constitutive Act of the
African Union, the provisions of the Charter or of any other legal instrument of the
African Union".
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