26.
In the present case, notwithstanding that the Respondent State has
defaulted, the Court, in accordance with Rule 49(1) of the Rules, must
ensure that its jurisdiction in these areas is established.
27.
Having found that nothing on the record indicates that it lacks jurisdiction,
the Court holds that it has:
i.
Material jurisdiction, insofar as the Applicant alleges violations of
human rights protected by the Charter and the ICCPR.3
ii.
Personal jurisdiction, insofar as the Respondent State deposited
the Declaration on 23 July 2013, as indicated in paragraph 2 of this
judgment. Subsequently, on 29 April 2020, it deposited an
instrument withdrawing its Declaration. In this respect, the Court
reiterates its jurisprudence that the withdrawal of the Declaration
has no retroactive effect and has no bearing on cases filed before
the deposit of the instrument of withdrawal or on new cases filed
before it comes into effect one year after its deposit, in this case,
on 30 April 2021. As the present Application was filed on 19
February 2021, that is, two months and eleven days before the
effective date of the withdrawal of the Declaration, it is therefore
not affected.
iii. Temporal jurisdiction, insofar as the violations alleged by the
Applicants occurred after the Respondent State became a Party
to the Protocol.4
iv.
Territorial jurisdiction, insofar as that the violations occurred on the
territory of the Respondent State, which is a Party to the Charter
and the Protocol.
28.
In view of the foregoing, the Court holds that it has jurisdiction to hear the
instant Application.
3 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; Kouassi
Kouamé Patrice and Baba Sylla v. Republic of Côte d’Ivoire, AfCHPR, Application No. 015 /2021,
Judgment of 22 September 2022 (merits and reparations), § 23; Kouadio Kobena Fory v. Republic of
Côte d’Ivoire (merits and reparations) (2 December 2021) 5 AfCLR 682, § 26.
4 Fory v. Côte d’Ivoire, supra, § 27.
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