circumstances, the Court holds that, pursuant to Article 34 (6) of the Protocol, it does not have jurisdiction to hear the application. 38. The Court notes, in this respect, that although presented by Senegal in its written statement of defence as an objection on the ground of "inadmissibility", its first preliminary objection pertains, in reality, to lack of jurisdiction by the Court. 39. The Court further notes that the second sentence of Article 34 (6) of the Protocol provides that "it shall not receive any petition under Article 5 (3) involving a State Party which has not made such a declaration" (emphasis added). The word "receive" should not however be understood in its literal meaning as referring to "physically receiving" nor in its technical sense as referring to "admissibility". It should instead be interpreted in light of the letter and spirit of Rule 34 (6) in its entirety and, in particular, in relation to the expression "declaration accepting the competence of the Court to receive applications [emanating from individuals or NGOs]" contained in the first sentence of this provision. It is evident from this reading that the objective of the aforementioned Rule 34 (6) is to prescribe the conditions under which the Court could hear such cases; that is to say, the requirement that a special declaration should be deposited by the concerned State Party, and to set forth the consequences of the absence of such a deposit by the State concerned. 40. Since the Court has concluded that it does not have jurisdiction to hear the case, it does not deem it necessary to examine the question of admissibility. 41. Each of the parties having made submissions regarding costs, the Court will now pronounce on this issue. 42. In his pleadings, the Applicant prayed the Court, "with respect to the costs and expenses of the case", to grant him "the benefit of free proceedings". 43. In its statement of defence, Senegal, on the other hand, prayed the Court to "order Mr. Michelot Yogogombaye to bear the cost incurred by the State of Senegal in this case". 44. The Court notes that Rule 30 of the Rules states that "Unless otherwise decided by the Court, each party shall bear its own costs". 45. Taking into account all the circumstances of this case, the Court is of the view that there is no reason for it to depart from the provisions of Rule 30 of its Rules. 46. In view of the foregoing, THE COURT, unanimously: 1) Holds that, in terms of Article 34 (6) of the Protocol, it has no jurisdiction to hear the case instituted by Mr. Yogogombaye against Senegal; 2) Orders that each party shall bear its own costs. Done at Arusha, this fifteenth day of December in the year Two Thousand and Nine in French and English, the French text being authentic. Signed: - Jean MUTSINZI, President - Sophia A.B. AKUFFO, Vice-President - Justina K. MAFOSO-GUNI, Judge - Bernard M. NGOEPE, Judge 5