000t 3 $
32.
Pursuant to Articte 3 (1) of the protocot and Rute 26 (1) (a) of the Rutes, the
material jurisdiction of the Court extends to "all cases and disputes submitted to it
concerning the interpretation and application of the Charter, the protocol and other
relevant human rights instruments ratified by the state concerned.,'
33.
Going by these provisions, the Court exercises its jurisdiction over an
Application as long as the subject matter of the Application involves aileged
violations of rights protected by the Charter or any other international human rights
instruments ratified by a Respondent State.l
34.
The court is obviously not an appellate court to uphold or reverse the
judgments of domestic courts based merely on the way they examined
evidence to
arrive at a particular conclusion.2 lt is also well-established in the jurisprudence of
the Court that where allegations of violations of human rights relate to the manner in
which domestic courts examine evidence, the Court has jurisdiction to assess
whether such examination is consistent with international human rights standards.3
35'
ln the instant Application, the Court notes that the Applicant raises issues
relating to alleged violations of human rights protected by the Charter. The Court
further notes that the Applicant's allegations essentially relate to the way in which the
domestic courts of the Respondent State evaluated the evidence. However, this
does not preclude the Court from making a determination on the allegations. The
Respondent State's objection that the instant Application would require this Court to
sit as an appeal court and re-examine the evidence on the basis of which the
Applicant was convicted by the national courts is thus dismissed.
36.
The Court therefore finds that it has material jurisdiction to examine the
Application.
1
Application No. OO3/2014 Ruling on Admissibil ity 281312014, Peter Joseph Chacha v tJnited
Republic of Tanzania, para. 114
Application No. 001/201 . Judgment on Merits, 1S1O31ZO1S, Ernest Francis Mtingwi
v The Republic of
Malawi , para. 14
,Application
No. 005/2013. Judgment on Merits 2O/11/ZO1 5, Alex Thomas v. lJnited Republic
of
Tanzania, (hereinafter referred to as "the Atex Thomas Judgment"), para 130,
Application No
00712013. Judgment on Merits, 2010512016, Mohamed A bubakari v. United
Republic of Tanzania
(hereinafter referred to as, "Mohamed Abubakari judgment,
ra.26
9