36. The Court also finds that it has territorial jurisdiction insofar as the violations
alleged in the Application occurred within the territory of the Respondent
State, which is a State Party to the Charter and the Protocol.
37. In light of all of the above, the Court holds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
38. The Respondent State raises objections to the admissibility of the
Application on account of conditions not provided for under Article 56 of the
Charter. The Court will, therefore, consider these objections (A), before
proceeding to consider the admissibility requirements provided for under the
Charter, if necessary (B).
A. Objections to admissibility not provided for under Article 56 of the Charter
39. The Respondent State raises two objections to admissibility not provided for
under Article 56 of the Charter, namely, the filing of the Applicant’s Reply out
of time, and the principle of sovereignty and independence of the judiciary.
i.
Objection based on the filing of the Applicant’s Reply out of time
40. The Respondent State submits that the Applicant filed his Reply outside the
time-limits set by the Court without seeking leave, while compliance with
time-limits is a requirement that cannot be waived except with the
permission of the Court.
41. The Respondent State further contends that time-limits are set to be
observed by the parties in a time bound sequence, and failure to observe
time goes against optimal case management and expeditious settlement of
disputes.
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