that the alleged violations can be considered to be continuing in nature. 12
For these reasons, the Court finds that it has temporal jurisdiction to
examine this Application.
33. As for its territorial jurisdiction, the Court notes that the violations alleged by
the Applicant happened within the territory of the Respondent State, which
is a party to the Charter and Protocol. In these circumstances, the Court
holds that it has territorial jurisdiction.
34. In light of all of the above, the Court holds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
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.
In line with Rule 50(1) of the Rules, “the Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
37.
The Court notes that Rule 50(2) of the Rules, which in substance restates
the provisions of Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
a.
Indicate their authors even if the latter request anonymity;
b.
Are compatible with the Constitutive Act of the African Union and
with the Charter;
12 Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise Ilboudo
and Mouvement Burkinabè des Droits de l’Homme et des Peuples v. Burkina Faso (preliminary
objections) (21 June 2013) 1 AfCLR 197, §§ 71-77.
9