00033s
proceedings and judgments
of the national courts are in
accordance with
international human rights standards.
***
29.Article 3 (1) of the Protocol and Rule 26
(1 ) (a) of
the Rules specify that 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."
ln this regard, the Court
has
observed that it exercises its jurisdiction over an Application in so far as the subject
matter of the Application involves alleged violations of rights protected by the
a
Charter
or any other international human rights instruments ratified by a
Respondent State.2 The Court has further stated that it does not have appellate
jurisdiction to uphold or reverse judgments of domestic courts merely depending
on the manner in which evidentiary issues were considered in the
national
proceedings.3
30.|n the instant Application, the Court notes that the Applicants raise issues relating
to alleged violations of human rights protected by the Charter. The Court further
notes that the Applicants' allegations essentially challenge the manner in which
the domestic courts of the Respondent State evaluated the evidence that was used
to justify their conviction.
o
31. However, the fact that the Applicants question
the manner in which domestic
courts have assessed evidence does not prevent the Court from making
determination on the allegations contained in the Application. lt is also wellestablished in the jurisprudence of this Court that where allegations of violations
2
Application No. 003/2014. Ruling on Admissibility of 281312014, Peter Joseph Chacha v lJnited Republic
of Tanzania (hereinafter referred to as "Peter Chacha v Tanzania Ruling'), S 1 14.
3 Application No. 001/201. Judgment of
,1510312015, Ernest Francis Mtingwi v The Republic of Malawi, g
14.
10
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