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iii. it has territorialjurisdiction
given that the facts of the matter occurred in
the territory of a state Party to the Protocor, that is, the Respondent
State.
23. From
the foregoing, the Court concludes that it has jurisdiction to hear the
instant case
VI.
ADMISSIBILIry OF THE APPLICATION
24.ln 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".
25. Pursuant
to Article 39(1) of the Rules, "the Court shatt conduct
preliminary
examination of (...) the admissibility of the application in accordance with articles 50
and 56 of the Charter and Rule 40 of these Rules."
26. Rule 40 of the Rules, which in substance restates the provisions
of Article
56
of the Charter, provides as follows:
"Pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the
Protocol refers, Applications
to the Court shall comply with the following
conditions:
1. Disclose the identity of the Applicant
notwithstanding the latter's request
for anonymity;
2. Comply with the Constitutive Act of the Union and the Charter;
3. Not contain any disparaging or insulting language;
4. Not be based exclusively on news disseminated through the mass
media;
5.
Be filed after exhausting local remedies, if any, unless it is obvious that
the procedure in unduly prolonged;
6.
Be filed within a reasonable time from the date local remedies were
exhausted
or from the date set by the court as being the
commencement of the time limit within which it shall be seized with the
matter; and
7.
Not raise any matter or issues previously setfled by
accordance with the principles of the Charter of the U
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