B. Other aspects of jurisdiction
35. The Court observes that no objections have been raised on the other
aspects of its jurisdiction. Nevertheless, in accordance with Rule 49(1) of
the Rules, it must satisfy itself that conditions relating to all aspects of its
jurisdiction are fulfilled before proceeding to examine the substance of this
Application. In this regard, the Court holds that it has:
i.
Personal jurisdiction insofar as, as indicated in paragraph 2 of this
Judgment, the Respondent State is a party to the Charter and to
the Protocol, and has deposited a Declaration by virtue of which it
accepts the Court's jurisdiction to receive applications from
individuals and Non-Governmental Organisations.
ii.
Temporal jurisdiction given that the facts of the case occurred after
the Respondent State became a party to the Protocol.
iii. Territorial jurisdiction, insofar as the violations alleged by the
Applicant occurred on the territory of the Respondent State.
36. In the light of the foregoing, the Court holds that it has jurisdiction to rule on
the present Application.
VI.
ADMISSIBILITY
37. Under Article 6(2) of the Protocol, “the Court shall rule on the admissibility
of applications, taking into account the provisions of Article 56 of the
Charter”.
38. Pursuant to Rule 50(1) of the Rules of Court, “the Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules”.
39. The Court notes that Rule 50(2) of the Rules, which restates the provisions
of Article 56 of the Charter, reads as follows:
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