c) Reliefs sought
27.The Respondent respectfully urges the Court to consider their argument in
opposition to the Applicants’ Application and consequently dismiss this
suit for lacking in merit.
VII. JURISDICTION
28.This Application is founded on the alleged violation of the right to freedom
from torture, cruel, inhuman and degrading treatment and right to a fair
hearing guaranteed by Articles 5 and 7 of the African Charter respectively.
In accordance with Article 9(4) of the Protocol A/P1/7/91 on the
Community Court of Justice (Protocol), which provides, “The Court has
jurisdiction to determine cases of violation of human rights that occur in
any Member State” the Court holds that, the Application being premised
on the alleged violation of human rights, it has jurisdiction to adjudicate on
the Application.
VIII. ADMISSIBILITY
29.The admissibility of applications in this Court is provided for in Article
10(d) (i) and (ii) of the Supplementary Protocol 2005: “Access to the Court
is open to…d) individuals on application for relief for violation of their
human rights; the submission of application for which shall: i) not be
anonymous; nor ii) be made whilst the same matter has been instituted
before another International Court for adjudication.”
30.The Court holds that the Application is in compliance with Article 10 (d) (i)
and (ii) of the Protocol, having found that it is neither anonymous nor made
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