21.
The Court observes that the Applicants have not submitted a request for a
decision by default. However, under Rule 63(1) of the Rules, the Court is
empowered to render judgment by default suo motu. In this regard, the
Court recalls its settled jurisprudence that it is empowered to render such a
decision where the interest of justice so requires.2 The Court considers that
it is appropriate, in the interest of justice, to render judgment by default in
the present case.
22.
In the light of the foregoing, the Court finds that all admissibility
requirements under Rule 63(1) of the Rules are met and accordingly
decides to deliver the present judgment by default.
VI.
JURISDICTION
23.
The Court notes that Article 3 of the Protocol provides as follows:
1.
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.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
24.
Under Rule 49(1) of the Rules of Court, “[t]he Court shall ascertain its
jurisdiction and the admissibility of the Application in accordance with the
Charter, the Protocol and these Rules”.
25.
Based on the above-cited provisions, the Court, in each application, must
conduct an assessment of its jurisdiction and rule on objections thereto, if
any.
2 Léon Mugesera v. Republic of Rwanda (judgment) (27 November 2020), 4 AfCLR 834, §§ 13 to 18.
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