V. JURISDICTION OF THE COURT
42.According to Rule 39(1) of the Rules, the Court shall conduct a preliminary
examination of its jurisdiction; and shall, in that regard, satisfy itself that it,
successively, has personal, material, temporal and territorial jurisdiction to
hear the case.
a) Personal jurisdiction
43. The Protocol provides that the State against which an action has been
instituted must not only be a Party to the Protocol, but also, with respect to
cases instituted by individuals or NGOs, it must have made and deposited the
declaration accepting the jurisdiction of the Court to receive such cases under
Article 34(6) of the Protocol read together with Article 5(3) thereof.
44.1n the instant case, the Court has noted that the Respondent State became a
Party to the Protocol on 25 January 2004 and deposited the declaration
contemplated under Article 34(6) of the Protocol on 23 July 2013. The Court
therefore has jurisdiction to hear the instant case in respect of the Respondent
State.
45. Regarding the Applicant, the Court observes that the Application was filed on
behalf of an lvorian Non-Governmental Organization, APDH, which has
Observer Status before the Commission.
46.1t follows from the foregoing that the Court's personal jurisdiction in the instant
case, with respect to both the Respondent and the Applicant, has been
established.
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