Commission on Human jurisdiction pursuant exhaustion of local and Peoples’ Rights (paragraph to the Protocol (paragraphs remedies (paragraphs 37 33); the 34 to 35); and to 40), which Court’s lastly, the is once again relating to the admissibility of the application. In doing so, the Court mixed up the consideration of the jurisdiction of the Court with that of the admissibility of the application, This mixed consideration poses a problem and creates confusion between two separate legal issues. 3. Whereas indeed, jurisdiction concerns the Court, admissibility concerns application, and the naturally, it is necessary to treat these two issues separately without mixing them. On the order of consideration of these issues, it is clear from the general past practice of the Court, from logic and common sense, as well as from Rule 39 of the Rules of Court, that the Court has to first determine whether or not it has jurisdiction before considering the admissibility of the application'. 4. In our opinion, in the instant case, the Court ought to have first considered separately all issues relating to its jurisdiction (both the preliminary objection and its jurisdiction pursuant to the Protocol), and then all issues relating to the admissibility of the application (both the preliminary objection and the question of exhaustion of local remedies). The judgment would only have been clearer?, Il. Determining the ratione temporis jurisdiction of the Court 5. On the jurisdiction of the Court, the Respondent State had raised an objection on the ratione temporis jurisdiction of the Court, drawn from the fact that the alleged violation of articles 7 and 15 of the Charter occurred before the ! For further details, see the separate opinion of Judge Gerard Niyungeko, annexed to the judgment of 14 June 2013 in the matter of Tanganyika Law Society & al. v. The United Republic of Tanzania, paragraphs 2 to 7. 2 In the matter of Tanganyika Law Society & al. v. The United Republic of Tanzania cited in the preceding paragraph, the Court had treated both issues distinctly, except that, in our opinion, it unduly reversed the order of treatment, Jbidern. 2 Ai&e aes ae Y