00033
of human rights relate to the way in which domestic courts evaluate evidence, the
Court retains the power to examine whether such assessment is compatible with
international human rights standards.a This is within the purview of its jurisdiction
and doing so, does not require the Court to sit as an appellate Court. The
Respondent State's objection in this regard is thus dismissed.
32.The Court therefore finds that it has material jurisdiction to consider the instant
Application.
B. Other aspects of iurisdiction
a
33.The Court notes that the other aspects of its jurisdiction are not contested by the
Respondent State and nothing on the record indicates that the Court lacks
jurisdiction in this regard. The Court thus holds:
i.
that it has personaljurisdiction given that the Respondent State is a Party
to the Protocol and deposited the declaration required under Article 34(6)
thereof which enabled the Applicants to access the Court in terms of Article
5(3) of the Protocol;
ii.
that it has temporal jurisdiction on the basis that the alleged violations are
continuous
in nature, in that the Applicants remain convicted and
are
serving a sentence of thirty (30) years' imprisonment on grounds which they
consider are wrong and indefensibles; and
o
iii.
that it has territorialjurisdiction given that the facts of the matter occurred in
the territory of a State Party to the Protocol, that is, the Respondent State.
34. From the foregoing, the Court concludes that
it has jurisdiction to examine this
Application.
a
Alex Thomas v Tanzania Judgment, S 130; Application No. 007/2013. Judgmentof 2010512016, Mohamed
Abubakari v. United Republic of Tanzania. (hereinafter referred lo as "Mohamed Abubakari v Tanzania
Judgment"), $ 26.
5 See Application No. 01312011. Ruling on Preliminary Objections,2110612013, Norbert Zongo and
Others v. Burkina Faso, (hereinafter referred to as "Norbert Zongo and Others Ruling"), $$ 71 to 77.
11
-s
Y
{