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It has territorial jurisdiction given that the facts of the matter occurred in the
territory of a State Party to the Protocol, that is, the Respondent State.
36.|n view of the aforesaid, the Court finds that it has jurisdiction to consider this
Application.
VI.
ADMISSIBILITY
37.1n 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." ln accordance with Rule 39(1)
of the Rules, "The Court shall conduct a preliminary examination of its jurisdiction and the
admissibility of the Application in accordance with articles 50 and 56 of the Charter, and
Rule 40 of these Rules".
38. 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:
'l
.
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 this
procedure is 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 mater or issues previously settled by the parties in accordance
with the principles of the Charter of the United Nations, the Constitutive Act of
the African Union, the provisions of the Charter or of any legal instrument of
the African Union."
9
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