10 February 1992; and further that Respondent ratified the Protocol, which came into force on the 25th of January 2004, on the 4th of February 2004 and deposited its instruments of ratification on 18 February 2005 and is therefore a party to both instruments; 19. The Court acknowledges that Article 5(1 )(a) of the Protocol lists the Applicant as one of the entities entitled to submit cases to the Court, and takes judicial notice that the request before it is for provisional measures, which may be a consequence of the right to protection under the Charter, and which do not require prior consideration of the substantive issues arising from the application; 20. In the opinion of the Court, there exists a situation of extreme gravity and urgency, as well as a risk of irreparable harm to the Ogiek Community with regard to violation of their rights guaranteed under the Charter to, among others: - Enjoyment of their cultural rights and protection of their traditional values under Article 2 and 17(2) and (3); Protection before the law under Article 3; - Integrity of their persons under Article 4; - The right to property under Article 14; and - The right to economic, social and cultural development under Article 22; 21 . In the light of the foregoing , the Court is satisfied that: - prima facie , it has jurisdiction to deal with the application; and - that this is a matter where provisional measures should be granted in terms of Article 27(2) of the Protocol; 6