Charter (31 January 1992), of the ICCPR (16 April 1975), and
the Protocol (25 May 2004).
iv.
Territorial jurisdiction,
since the facts
of the
case
and
the
alleged violations occurred in the territory of the Respondent
State.
35. From the foregoing, the Court finds that it has jurisdiction to hear the instant
case.
Vil.
ADMISSIBILITY
36. Pursuant to the provisions 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 Charter”.
37. Furthermore,
under
Rule
39(1)
of its Rules:
of its ... the
"[t]he Court
admissibility
of the
shall
conduct
preliminary
examination
application
in
accordance
with articles 50 and 56 of the Charter, and Rule 40 of these
Rules".
38.Rule 40 of the Rules, which
Charter,
sets
out the
restates the provisions
conditions
of Article 56 of the
for the admissibility
of applications
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.
comply with the Constitutive Act of the Union and the Charter;
not contain any disparaging or insulting language;
11