iS}
20, These two decisions are a clear indication that by 19 September 2008, there
was already a complaint and therefore a dispute as to the payment of pension
and severance benefits by the Respondent State. This presupposes that by that
date, the Respondent State had already violated its obligation towards the
Applicants as provided for in the Deed of settlement of 20 September 2005. The
dispute
therefore
took
place
well
before
the
Tanzania by the Applicants on 15 October 2010,
seizure
of the
High
Court
of
21, Based on the foregoing, one can therefore safely concludes that the act
which instigated the alleged violation of certain provisions of the Universal
Declaration
of Human
Rights
occurred
prior
to the
entry
into
force
of the
optional declaration with regard to the Respondent State and that, consequently,
the Court has no jurisdiction ratione temporis to examine this allegation.
ce
22. Thus, the Court ought to have declared that it lacked jurisdiction with regard
to the alleged violations of the rights of the Applicants relating to the nonpayment of the totality of their pension and severance benefits; it should have
continued with the consideration of the admissibility of the application but only
with respect to the alleged violation of the rights of the Applicants resulting
from the police brutalities which are said to have taken place on 23 May 2011,
and to declare it not admissible, as it did, due to the failure to exhaust local
remedies.
Fatsah Ouguergouz
Judge
Robert Eno,
Registrar
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