vi. That the Applicant continue to serve his sentence;
vii. That the Application be dismissed in its entirety; and
viii. That all the reliefs sought by the Applicant be denied.
V.
JURISDICTION
14. The Court recalls that Article 3 of the Protocol provides as follows:
1.
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.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
15. The Court further recalls that pursuant to Rule 49(1) of the Rules, it “shall
preliminarily ascertain its jurisdiction … in accordance with the Charter, the
Protocol and these Rules.”5
16. On the basis of the above-cited provisions, the Court must, in every
Application, preliminarily ascertain its jurisdiction and rule on objections
thereto, if any.
17. In the instant Application, the Court observes that the Respondent State
raises an objection challenging the Court’s material jurisdiction. The Court
will thus, preliminarily, address the said objections before considering other
aspects of jurisdiction, if necessary.
5
Rule 39(1), Rules of Court, 2 June 2010.
6