of which a violation is alleged are protected by the Charter or any other human rights instrument ratified by the Respondent State.8 22. Specifically in relation to the Respondent State’s objection, the Court further recalls, in line with its jurisprudence, “that it is not an appellate body with respect to decisions of national courts.”9 However, “… this does not preclude it from examining relevant proceedings in the national courts in order to determine whether they are compatible with the standards set out in the Charter or any other human rights instruments ratified by the State concerned.”10 The Court finds, therefore, that it will not be sitting as an appellate court if it examines the allegations by the Applicants. The Respondent State’s objection in this regard is, therefore, dismissed. 23. In view of the foregoing, the Court finds that it has material jurisdiction to consider this Application. B. Other aspects of jurisdiction 24. The Court notes that the Respondent State has not disputed its personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules,11 it must satisfy itself that all aspects of its jurisdiction are fulfilled before proceeding to consider the Application. 25. With regard to personal jurisdiction, the Court recalls, as indicated in paragraph 2 of this judgment that, on 21 November 2020, the Respondent State deposited the instrument of withdrawal of its Declaration under Article 34(6) of the Protocol. The Court has held that such withdrawal does not apply retroactively. Hence, it has no bearing on pending as well as new 8 Kalebi Elisamehe v. United Republic of Tanzania (merits and reparations) (26 June 2020) 4 AfCLR 265, § 18. 9 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14. 10 Kenedy Ivan v. United Republic of Tanzania (merits) (28 March 2019) 3 AfCLR 48, § 26; Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 35. 11 Rule 39(1) of Rules of Court, 2 June 2010. 7

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