14. Rule 49(1) of the Rules of Court (hereinafter “the Rules”) states that “the
Court shall conduct preliminary examination of its jurisdiction [...] in
accordance with the Charter, the Protocol and these Rules”.6
15. Based on the aforementioned provisions, the Court must, in each
application, examine its jurisdiction and rule on any objections thereto, if
necessary.
16. The Court notes that no objection has been raised to its material, personal,
temporal or territorial jurisdiction. Nevertheless, in accordance with Article
49(1) of the Rules, it must ensure that all aspects of its jurisdiction are
fulfilled. To this end, the Court notes that it has:
i.
Material jurisdiction, insofar as the Applicant alleges a violation of
rights protected by the Charter and other human rights instruments
ratified by the Respondent State.7
ii.
Personal jurisdiction, insofar as the Respondent State is a party to
the Charter, the Protocol and deposited the Declaration. On 25
March 2020, the Respondent State deposited the instrument of
withdrawal of its Declaration. In this respect and in line with the
Court’s jurisdiction, the withdrawal by the Respondent State of its
Declaration has no retroactive effect and has no bearing either on
cases pending at the time of the withdrawal or on new cases
brought before the Court before the withdrawal takes effect one
year after the deposit of the instrument relating thereto, which in this
case was on 26 March 2021. As the present Application was filed
on 6 August 2019, that is, before the withdrawal of the Declaration
took effect, it is therefore not affected.
6 Article 39(1) of the Rules of Court of 2 June 2010.
7 The Respondent State affirmed its commitment to the UDHR in the preamble to its Constitution. See
Law No. 90-32 of 11 December 1990 on the Constitution of the Republic of Benin.
6