001092
34. Consequently, the Court dismisses the Respondent State's objection that the Court
is acting, in the instant matter, as a supreme appellate court and finds that it has
material jurisdiction to hear the matter.
B. Other aspects of jurisdiction
35.The
Court notes that its personal, temporal and territorial jurisdiction is not being
challenged by the Respondent State. Besides, nothing on record indicates that the
Court
does
not
have
personal,
temporal
and
territorial jurisdiction.
The
Court,
accordingly, holds that:
(i) It has personal jurisdiction given that the Respondent State is a Party to
the Protocol and has made the Declaration prescribed under Article 34(6)
thereof,
allowing
individuals
to bring cases
directly before
it, pursuant to
Article 5(3) of the Protocol;
(ii) It has
temporal
subsequent
to
the
jurisdiction
insofar as the alleged
Respondent
State’s
establishing the Court but before making
violations
ratification
the Declaration
of
the
occurred
Protocol
required
under
Article 34(6).
(iii) It has territorial jurisdiction given that the facts of the case occurred in
the Respondent State’s territory.
36. In light of the foregoing, the Court holds that it has jurisdiction to hear the instant
case.
Vi.
ADMISSIBILITY
37. Pursuant to Article 6(2) of the Protocol: “The Court shall rule on the admissibility of cases
taking into account the provisions of Article 56 of the Charter’.
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