cases filed before 22 November 2020, the day on which the withdrawal took
effect, being a period of one (1) year after its deposit.12
26. The instant Application having being filed on 15 June 2016, which was
before the Respondent State deposited its notice of withdrawal of the
Declaration, is thus not affected by the said withdrawal. The Court,
therefore, concludes that it has personal jurisdiction in this matter.
27. The Court also finds that it has temporal jurisdiction insofar as the alleged
violations in this Application were committed after the Respondent State
became a party to the Charter and the Protocol. Additionally, such alleged
violations are of a continuing nature as the Applicants are currently serving
their prison sentences, which they maintain were unfairly imposed and thus
constitute a violation of their Charter rights.13
28. The Court also finds that it has territorial jurisdiction given that all the alleged
violations are said to have occurred within the Respondent State’s territory.
29. In light of all the above, the Court holds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
30. 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.”
12
Cheusi v. Tanzania (merits and reparations), supra, §§ 35-39. See also Ingabire Victoire Umuhoza v.
Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, § 67.
13 Beneficiaries of late Norbert Zongo and Others v. Burkina Faso (jurisdiction) (21 June 2013) 1 AfCLR
197, §§ 71-77.
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