violation is alleged are protected by the Charter or any other human rights instrument ratified by the Respondent State.6 25. The Court further recalls that, as is now firmly established in its case-law, it does not exercise appellate jurisdiction with respect to claims already examined by domestic courts.7 However, the Court reiterates its position that it retains the power to assess the propriety of domestic proceedings as against standards set out in international human rights instruments ratified by the State concerned.8 26. In the present matter, the Applicants request this Court to determine whether the proceedings before the domestic courts were conducted in line with the Respondent State’s obligations under the Charter. The Court is empowered by provisions of Article 3(1) of the Protocol to ensure compliance with these obligations and, where it deems it fit, to grant any remedy as appropriate. 27. In light of the above, the Court dismisses the Respondent State’s objection and consequently holds that it has material jurisdiction to hear this Application. B. Other aspects of jurisdiction 28. The Court observes that no objection has been raised with respect to its personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules,9 it must satisfy itself that all aspects of its jurisdiction are fulfilled before proceeding. 6 Marthine Christian Msuguri v. United Republic of Tanzania, ACtHPR, Application No. 052/2016, Judgment of 1 December 2022 (merits and reparations), §§ 23-27; Kalebi Elisamehe v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 265, § 18. 7 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, §§ 14-16. 8 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Werema Wangoko Werema and Another v. United Republic of Tanzania (merits) (7 December 2018) 2 AfCLR 520, § 29; and Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 130. 9 Rule 39(1) of Rules of Court, 2 June 2010. 8

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