- 12and the Covenant (4 April 1999) as well as the optional declaration accepting the
jurisdiction of the Court to hear Applications from individuals or non-governmental
organizations (25 January 2004).
The alleged violation of the Applicant's right to freedom of expression stems
39.
from the latter's conviction by the Ouagadougou High Court and the fact that the
conviction was upheld on 10 May 2013 by the Ouagadougou Court of Appeal.
Hence, the Court notes that the alleged violation of the Applicant's right to
40.
freedom of expression is likely to have occurred on 10 May 2013 or well after the
Respondent State had become Party to the Charter and the Covenant, and had made
the declaration accepting the Court's jurisdiction to receive Applications from
individuals or non-governmental organizations. Consequently, the Court finds that it
has the ratione temporis jurisdiction to hear the allegation of violation of the right to
freedom of expression raised in this case.
The Court finally notes in regard to its ratione loci jurisdiction that this is an
41.
issue not disputed by the Respondent State; further, it is of the opinion that the ratione
loci jurisdiction cannot be disputed as the alleged violations occurred in the territory of
the Respondent State.
It therefore follows from the above considerations that the Court has jurisdiction
42.
to consider the human rights violation alleged by the Applicant.
IV. Admissibility of the Application
43. The Respondent State raises objections based on Rule 40 of the Rules, which
reiterates the provisions of Article 56 of the Charter. However, it also raises an
objection relating to the failure to identify the Respondent State as well as the
capacity of the Applicant as a journalist.
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