22. With regard to the alleged human rights violations committed by a civil
servant of the Respondent State, the Applicant argues that the Respondent
State is liable for the acts committed because it is responsible for any
internationally wrongful act committed by an individual on its territory.
23. With regard to the Respondent State’s argument that the Court lacks
jurisdiction to assess the merits or decisions handed down by national
courts, the Applicant contends that no decision of domestic courts is beyond
the Court’s scrutiny in determining fundamental violations.
***
24. The Court notes that the Respondent State’s objection to its material
jurisdiction is based on two grounds. Firstly, that the Application concerns
contractual disputes between entities legally distinct from the Respondent
State. Secondly, that the Court has no appellate jurisdiction over the
decisions of domestic courts.
25. Regarding, the first objection, the Court reiterates its settled jurisprudence
emanating from the application of Article 3 of the Protocol that it has material
jurisdiction provided that the Applicant alleges violations of human rights
protected by the Charter or by any instrument ratified by the Respondent
State.3
26. The Court notes that although the present Application originates, a priori,
from a contract performance dispute between persons distinct from the
Respondent State, it is not filed against these natural persons. Indeed, the
Applicant contends that the Respondent State is internationally responsible
by reason of the violation of rights protected by the Charter,4 the ICCPR5
and the ICESCR, 6 instruments ratified by the Respondent State, in
Sébastien Germain Ajavon, (merits) (29 March 2019) 3 AfCLR 130, § 42; Peter Joseph Chacha v
United Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR 398, § 114.
4
The Respondent State became a Party to the Charter on 21 October 1986.
5 The Respondent State became a Party to the ICCPR on 12 March 1992.
6 The Respondent State became a Party to the ICESCR on 12 March 1992.
3
8