0003!B*
B. Other aspects of jurisdiction
36. The Court notes that the other aspects of its jurisdiction are not contested
by the Parties and nothing on the record indicates that the Court lacks
jurisdiction. The Court thus holds that:
It has personal jurisdiction given that the Respondent State is a
party to the Protocol and it deposited the required Declaration.
I
It
has temporal jurisdiction as the alleged violations were
continuing at the time the Application was filed, which is after the
Respondent State became a party to the Protocol and deposited
its Declaration.
III
It has territorial jurisdiction
given that the alleged violations
occurred within the territory of the Respondent State.
37. In light of the foregoing, the Court finds that it has jurisdiction to hear the
Application.
VI. ADMISSIBILITY
38.1n 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." Pursuant
to Rule 39(1) of the Rules, "the Court
shall conduct
preliminary examination of ... the admissibility of the Application in accordance
with Article 50 and 56 of the Charter, and Rule 40 of these Rules."
39. Rule 40 of the Rules, which in essence restates Article 56 of the Charter,
stipulates that Applications shall be admissible if they fulfil the following
conditions:
1.
lndicate their authors even if the latter request anonymity,
13