23.The
Court
recalls that in Andrew Ambrose
Tanzania,’
Umuhoza
it held,
reaffirming
v Rwanda,®
that
its
the
Cheusi
earlier
decision
withdrawal
of
a
v United Republic
in
Ingabire
Declaration
of
Victoire
deposited
pursuant to Article 34(6) of the Protocol does not have any retroactive effect
and
it also has no bearing on matters pending
Declaration,
as
is the
case
of the
present
prior to the filing of the
Application.
The
Court
also
confirmed that any withdrawal of the Declaration takes effect twelve (12)
months after the notice of withdrawal is filed. In respect of the Respondent
State, therefore, its withdrawal will take effect on 22 November 2020.
24.In
light of the foregoing, the Court finds that it has personal jurisdiction to
examine the present Application.
C. Other aspects of jurisdiction
25. The Court notes that nothing on file indicates that the Court does not have
jurisdiction in respect of the temporal
and
territorial aspects thereof. The
Court therefore holds that:
i.
it has temporal jurisdiction in as much as the alleged violations are
continuous
in nature
since
the Applicant
remains
convicted
on the
basis of what he considers an unfair process.®
ii.
it has territorial jurisdiction given that the facts of the matter occurred
in the territory of the Respondent State.
26.In view of the aforesaid, the Court holds that it has jurisdiction to hear the
instant case.
4 Andrew
Ambrose
Cheusi
v
United
Republic
of
Tanzania,
AfCHPR,
Application
No.
004/2015,
Judgment of 26 June 2020, §§ 35-39.
5 Ingabire Victoire Umuhoza v United Republic of Rwanda (procedure) (2016) 1 AfCLR 562, § 67.
6 See Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablassé, Ernest Zongo, Blaise
llboudo and Mouvement Burkinabé des Droits de I'Homme et des Peuples v Burkina Faso (preliminary
objections) (2013) 1 AfCLR 197, §§ 71-77.