10. The alleged violations the Applicant is complaining about are guaranteed under Article 3(2) of the Charter and the Court therefore has jurisdiction ratione materiae over the Application . 11. In light of the foregoing, the Court has satisfied itself that, prima facie, it has jurisdiction to deal with the Appl ication . IV. On the provisional measures 12. In his Application , the Applicant did not request the Court to order provisional measures. 13. Under Article 27(2) of the Protocol and Rule 51 (1) of the Rules, the Court is empowered to order provisional measures proprio motu ·~n cases of extreme gravity and when necessary to avoid irreparable harm to persons" and 'which it deems necessary to adopt in the interest of the parties or of justice". 14. It is for the Court to decide in each situation if, in the light of the particular circumstances, it should make use of the power provided for by the aforementioned provisions. 15. The Applicant is on death row and it appears from this Application that there exists a situation of extreme gravity, as well as a risk of irreparable harm to the Applicant. 16. Given the particular circumstances of the case, where the risk of execution of the death penalty will jeopardise the enjoyment of the Si> ~_£?L ~ 1 4_,4 , ~ \S\ <Z- J'l«.D.