0035069
46.From
the foregoing,
the Court concludes
that it has material jurisdiction over this
matter.
B. Other aspects of jurisdiction
47. The
Court
contention
notes
that its personal,
between
the Parties and
temporal
nothing
and
territorial jurisdiction
on file indicates that it does
are
not in
not have
jurisdiction. Consequently, it holds that:
i.
It has personal jurisdiction given that the Respondent
Protocol
and
has filed the
Declaration
Protocol to allow individuals and
prescribed
Non-Governmental
State is a Party to the
under Article 34 (6) of the
Organisations
to institute
cases directly before it;
ii.
It has temporal jurisdiction given that the alleged violations happened between 14
June 2013 and 29 July 2014, after the Respondent State had ratified the Charter
and the Protocol and deposited the Declaration under Article 34(6) of the Protocol,
accepting applications from individuals.
ili.
It has territorial jurisdiction given that the alleged violations occurred in the territory
of the Respondent State.
48. In view of the foregoing, the Court holds that it has jurisdiction to hear this case.
VI.
ADMISSIBILITY
49. In terms of 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’. Pursuant to Rule 39 (1) of
the Rules, “The Court shall conduct a preliminary examination of ... the admissibility of the
Application in accordance with Article 56 of the Charter and Rule 40 of these Rules’.