- the traffic on both sides of the border between Senegal and The Gambia was blocked
due to a border crisis triggered by the Senegalese road transport unions protesting
against a new tariff imposed by the Gambian Customs.
- According to Annex 12, the customs office at Bassa pointed out that "(the vehicles)
stayed about seven hours at the Bandiara border post. Then they decided to return to
Serekunda in The Gambia".
- And for this reason the vehicles carrying smoked fish did not stay on the border, as
alleged, from March 18th to May 20th, 2016, but they parked for only seven hours at
the border post in Badiarra;
- The annex 9 mentions that the certificate of sanitary discharge was only valid for 14
days counting from 03/17/2016.
The defendant gathered documents.
The applicant replied to the rejoinder and concluded as in the application initiating
proceedings.
7. THE QUESTIONS TO BE DECIDED
Having been verified the Court´s competence, it should be decided first, on the one
hand, whether the application initiating proceedings should be declared inadmissible
due to an alleged failure to comply with the provisions of Article 33 (2) and (3) and Article
28 (3) of the Court's Rules of Procedure and rejected the documentary evidence
submitted by the applicant, on the ground that they were allegedly not communicated
to the defendant.
On the other hand, if those pleas are rejected, to decide whether the facts as claimed
by the applicant constitute a breach by the defendant to the fundamental human rights
claimed and whether the defendant should be ordered to pay the requested sum to the
applicant.
8.ON THE ANALYSIS BY THE COURT.
On the jurisdiction of the Court:
10