Charter, Protocol and any other relevant human rights instrument ratified by
the State concerned hence do not afford the Court unlimited jurisdiction.
23. The Respondent State further avers that though the Court can make its
findings as per Article 27(1) of the Protocol, the prayers being sought by the
First Applicant are beyond the mandate of the Court as the Applicant is
seeking to be released from custody. In support of its arguments, the
Respondent State referred to the Court’s jurisprudence as expounded in
Alex Thomas v. Tanzania and submits that to grant the order sought is
beyond the jurisdiction of the Court.
24. The Applicants rebut the Respondent State’s objection and contend that the
Court has jurisdiction pursuant to Article 3(1) of the Protocol and Article
56(2) of the Charter since the Application involves alleged violations of
human rights protected by the Charter.
***
25. The Court recalls that pursuant to Article 3(1) of the Protocol, it has
jurisdiction to examine any application submitted to it provided that the rights
of which a violation is alleged are protected by the Charter or any other
human rights instrument ratified by the Respondent State.5
26. The Court further notes that pursuant to Article 27(1) of the Protocol, “[i]f the
Court finds that there has been violation of a human or peoples’ right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.”
27. It follows from these provisions, and its jurisprudence that the Court is
empowered to make any order that it deems appropriate when a violation
5
Matoke Mwita and Masero Mkami v. United Republic of Tanzania, ACtHPR, Application No. 007/2016,
Judgment of 13 June 2023 (judgment), § 24; Marthine Christian Msuguri v. United Republic of Tanzania,
ACtHPR, Application No. 052/2016, Judgment of 1 December 2022 (merits and reparations), §§ 23-27
and Kalebi Elisamehe v. Tanzania (merits and reparations) (26 June 2020) 4 AfCLR 265, § 18.
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