ii.
Find that it did not violate Article 1 of the African Charter on Human and
Peoples’ Rights.
iii. Find that the Applicant was tried and convicted in accordance with the
relevant laws and international human rights standards.
iv. Dismiss the Application in its entirety with costs.
20. In relation to reparations, the Respondent State prays the Court to:
i.
Find that the interpretation and application of the Protocol and the
Charter does not confer jurisdiction on the Court to quash the death
sentence and release the Applicant from prison;
ii.
Find that the Respondent State did not violate Article 1,4,5 and 7 of the
Charter and that the Applicant was accorded a fair trial by the
Respondent State during the trial in domestic courts;
iii. Find that the death penalty is consistent with Article 4 of the African
Charter;
iv. Dismiss the Application for Reparations;
v. Make any other Order this Honourable Court may deem right and just
under the prevailing circumstances.
V.
JURISDICTION
21. The Court recalls that Article 3 of the Protocol provides as follows:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant human rights instrument
ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction, the
Court shall decide.
22. Under Rule 49(1) of the Rules, the Court “shall conduct a preliminary
examination of its jurisdiction […] in accordance with the Charter, the
Protocol and these Rules.”
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