20.1n the instant case, the Applicant alleges violations of his rights protected by the
Charter. This Court, accordingly, has jurisdiction to determine whether the
domestic courts' proceedings that form the basis of his Application before this
Court had been conducted in accordance with international standards set out
in the Charter.
21.|n view of the forgoing, the Court dismisses the Respondent State's objection
that the Court is acting as an appellate court and finds that it has material
jurisdiction to hear the matter.
B. Other aspects of jurisdiction
22.The Court notes that its personal, temporal and territorial jurisdiction has not
been contested by the Respondent State; and nothing in the pleadings
indicates that the Court does not have jurisdiction. The Court thus holds that:
i.
it has personaljurisdiction given that the Respondent State is a Party
to the Protocol and has deposited the required declaration under
Article 34(6) thereof, which enables the Applicant to directly access
the Court in terms of Article 5(3) of the Protocol;
ii.
it has temporaljurisdiction on the basis that the alleged violations
are continuous in nature since the Applicant remains convicted
on the basis of what he considers an unfair process;
iii.
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.
23. From the foregoing, the Court finds that it has jurisdiction to hear the instant
case.
VI.
ADMISSIBILITY OF THE APPLICATION
24. ln terms of Article 6(2) of the Protocol, "The Court shallrule on the admissibility of cases
taking into account the provisions of Article 56 of the Charte/'.
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