17. In the present Application, the Court notes that the Respondent State raises
an objection to its material jurisdiction. The Court will thus first consider the
said objection before examining other aspects of its jurisdiction, if
necessary.
A. Objection to material jurisdiction
18. The Respondent State submits that the Court, which is not an appellate
criminal court, is not vested with jurisdiction to entertain this Application after
its Court of Appeal has decisively concluded the matter. It avers that the
Applicant, as an afterthought, is raising for the first time the claim that the
Justice of the Peace failed to inquire into the circumstances of how the
Applicant sustained the wounds on his hands when he was brought before
the Justice of Peace by a police officer, whereas, he had the opportunity to
raise it before the High Court and the Court of Appeal of Tanzania but opted
to not do so in the course of the domestic proceedings.
*
19. The Applicant in his rejoinder contends that this Court has taken a position
on the issue at hand on more than one occasion and held that pursuant to
Article 3(1) of the Protocol and Rule 26(1)(a) of the Rules its material
jurisdiction extends to all cases and disputes submitted to it concerning the
interpretation and application of the Charter, the Protocol and other relevant
human rights instruments ratified by the state concerned. Citing the case of
Peter Joseph Chacha v. Tanzania, the Applicant submits that the Court
exercises its jurisdiction over an application as long as its subject matter
involves alleged violations of rights protected by the Charter or any other
international human rights instruments ratified by a Respondent State.
***
20. The Court observes that, as opposed to the Respondent State’s
submission, the objection raised relates to this Court being called to sit as a
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