17. Based on the aforementioned provisions, the Court must examine its
jurisdiction and rule on any objections thereto, if any.
18. The Court notes that, in the present case, the Respondent State raises an
objection to material jurisdiction. The Court will rule on this objection before
examining other aspects of jurisdiction, if necessary.
A. Objection to material jurisdiction
19. The Respondent State maintains that the jurisdiction of the Court emanates
from Article 3 of the Protocol and Rule 29 of its Rules of Procedure.3
20. It further contends that the above-mentioned provisions do not empower
this Court to rule as an appellate court and, consequently, to examine the
present Application, review the judgment of the Court of Appeal, assess the
evidence, quash the conviction and sentence, and release the Applicant.
*
21. The Applicant submits that the objection be dismissed, arguing that he did
not seize this Court as an appellate court, but rather filed an application
alleging human rights violations.
22. He further submits that for the above-mentioned reasons, the Court has
jurisdiction to examine the Application insofar as the Respondent State in
the present case is a State Party to the Charter. He also avers that the Court
has jurisdiction insofar as the Application alleges violation of human rights
protected by the Charter, to which the Respondent State is a party.
***
3
Rule 26 of the Rules of Court of 2 June 2010
6