Vv.
iv.
That, the Application be dismissed.
v.
The Applicant to pay the Respondent's costs.
JURISDICTION
13. The Court observes that Article 3(1) of the Protocol provides as follows:
The jurisdiction of the Court shall extend to all cases and disputes submitted to it
concerning the interpretation and application of the Charter, this Protocol and any
other relevant Human Rights instrument ratified by the States concerned.
14. The Court further observes that in terms of Rule 39(1) of the Rules: “[t]he Court
shall conduct preliminary examination of its jurisdiction ...”.
15.The
Court
notes that none
of the Parties to this Application
has challenged
its
jurisdiction. This notwithstanding, and on the basis of the above-cited provisions,
the Court must, preliminarily, conduct an assessment of its jurisdiction.
16.The
Court
recalls
that
jurisdiction
has
four
dimensions:
personal,
material,
temporal and territorial. The Court further recalls that all applications must fulfil the
four dimensions of jurisdiction before they can be considered.
17. The Court notes, with respect to its personal jurisdiction, that, as earlier stated in
this Judgment,
the Respondent State is a party to the Protocol and on 29 March
2010, filed the Declaration prescribed under Article 34(6) of the Protocol accepting
the jurisdiction of the Court to directly receive applications from
Non-governmental
Organizations
with
observer
status
with
individuals and
the
African
Commission on Human and Peoples’ Rights (hereinafter “the Commission’).
18.The
Court
deposited,
Declaration.
also
with
recalls
that
the African
the
Union
Respondent
Commission,
State,
an
on
21
instrument
November
2019,
withdrawing
its