(ii) it has temporal jurisdiction since the alleged violations
occurred
subsequent to the Respondent State's ratification of the Protocol establishing
the Court;
(iii) it has territorial jurisdiction given that the facts of the case occurred in the
Respondent State's territory.
39.|n light of the foregoing, the Court holds that it has jurisdiction to hear the
instant case
VI. ADMISSIBILITY
40. Pursuant to Rule 39 (1) of its Rules, "the Court shall 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". The
Respondent State raises objection to the admissibility of the Application on
the basis of Article 6 of the Protocol and Rule 40 (5) of the Rules of Court. lt
contends not only that the Applicant has not exhausted the available local
remedies, but also that the Application has not been filed within a
reasonable timeframe.
41- ln terms of Rule 40 of the Rules, which in substance restates the content
of Article 56 of the Charter, Applications shall be admissible if they fulfil the
following conditions:
"1
. lndicate their authors even if the latter request anonymity,
2. Are compatible with the Charter of the Organization of African Unity or
with the present Charter,
3. Are not written in disparaging or insulting language,
4. Are not based exclusively on news discriminated through the mass
media,
5. Are sent after exhausting local remedies, if any, unless it is obvious
that this procedure is unduly prolonged
,
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10
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