60. It is also important for this Court to restate that, because the Application before it is filed by the Commission, pursuant to Articles 2 and 5(1 )(a) of the Protocol, the question as to whether or not the Respondent has made the declaration under Article 34(6) of the Protocol does not arise. This is because, unlike for individuals and NGOs, the Protocol does not require the Respondent to have made the declaration under Article 34(6) for the Commission to file Applications before the Court.