29. Article 3(1) of the Protocol stipulates that: "The jurisdiction of the Court shall
extend to all cases and disputes submitted to it concerning the interpretation and
application of the Charter, this Protocol and any other relevant Human Rights
instruments ratified by the States concerned."
30. In terms of Article 5(3) of the Protocol, "The Court may entitle relevant NonGovernmental organizations (NGOs) with observer status before the Commission,
and individuals to institute cases directly before it, in accordance with article 34(6)
of this Protocol."
31.As specified in paragraph 2 of this Order, the Respondent State is a party
to the Charter and to the Protocol, and also has deposited the declaration
accepting the jurisdiction of the Court to receive applications from
individuals and non-governmental organizations as per Article 34(6) of the
Protocol read together with Article 5(3) thereof.
32.ln the instant case, the rights of which the Applicant alleges violation are
protected by the provisions of Articles 3(2), 5, 6, 7, 14 and 26 of the Charter.
33.ln light of the foregoing, the Court concludes that it has prima facie
jurisdiction to hear the Application.
V.
ON THE PROVISIONAL MEASURES REQUESTED
34. The Applicant prays the Court to order a stay of execution of the 18 October
2018 Judgment No. 007/3C.COR rendered by CRIET.
35. He contends that, notwithstanding his appeal before the Court of Cassation,
the Respondent State can at any time proceed with execution of the
judgment of CRIET; adding that CRIET decisions are not subject to appeal
and that the appeal before the Court of Cassation is an extraordinary
remedy.
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