35. With regard to ra tione personae jurisdiction, the Applicant is a national of Malawi, a state that has ratified the Protocol and also filed the required declaration in terms of Article 34(6) as read together with Article 5(3) of the Protocol, accepting the competence of the Court to deal with cases against it from individuals and Non-Governmental Organizations. 36. Regarding ratione temporis jurisdiction, even though the facts giving rise to the application arose before the Respondent filed the deolaration, the Court has already made a finding that the alleged violation is continuing. Taking all the above into consideration, the Court does have jurisdiction to deal with this matter. The Court's finding on the exhaustion of local remedies as required by Article 6(2) of the Protocol read together with Article 56 (5) of the Charter 37.As said earlier, the application must satisfy the requirements of Article 6(2) of the Protocol, read together with Article 56(5) of the Charter; that is, the Applicant must have exhausted local remedies. Article 6(2) of the Protocol provides that the ucourt shall rule on the admissibility of cases taking into account the provisions of Article 56 of the Charter." For its part, Article 56(5) of the Charter requires the exhaustion of "local remedies, if any, unless it is obvious that this procedure is unduly prolonged" (See also Rule 40 of the Rules of Court). From the pleadings submitted by both parties, as well as copies of various judgments of the courts in Malawi relied upon and submitted by the Applicant himself, a question arises whether the Applicant did exhaust local judicial remedies as required by the a [18]

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