has been deposited. In this case, the effective date was 22 November
2020.4 In view of the above, the Court holds that it has personal jurisdiction
as the withdrawal does not affect the present Application, which was filed
on 25 July 2016.
32. As regards its material jurisdiction, the Court notes that the Applicant alleges
violation of Articles 2, 3, 7(1), 9(1), 14 and 16 of the Charter, to which the
Respondent State is a party. Therefore, the Court’s material jurisdiction is
established.
33. The Court notes that its temporal jurisdiction is determined from the date of
entry into force of the Protocol.5 The Court observes that the alleged
violations occurred between 2002 and 2017. Furthermore, the Court notes
that, the alleged violations, which started before 2006 when the Respondent
State ratified the Protocol, continued after the ratification of the Protocol by
the Respondent State. Consequently, the Court’s temporal jurisdiction is
established.
34. The Court further finds that it has territorial jurisdiction as the facts of the
case occurred on the territory of the Respondent State, which is a party to
the Charter and the Protocol.
35. From the foregoing, the Court holds that it has jurisdiction to hear the instant
case.
VII. ADMISSIBILITY
36. Article 6(2) of the Protocol provides that, “the Court shall rule on the
admissibility of cases taking into account the provisions of article 56 of the
Charter.”
4 Cheusi v. Tanzania (judgment), supra, §§ 37-39.
5 Ligue Ivorienne des Droits de l’Homme and Others v. Republic of Côte d’Ivoire, ACtHPR, Application
No. 041/2016, Judgment of 5 September 2023 (merits and reparations), § 58.
9