Application
Number
001/2012
Frank
David
Omary
and
Others
v
United Republic of Tanzania and thereafter, in Application Number
003/2012 Peter Joseph Chacha v United Republic of Tanzania. The
Court, in the above cases held that, the substance of the complaint
must relate to rights guaranteed by the Charter or any other human
rights instrument ratified by the State concerned.
that the rights alleged to have
been
violated
It is not necessary
are specified
in the
Application.
46.
In any event, in the instant case, the Applicant's Reply to the
Respondent’s
Response
specifies
the rights
guaranteed
by
the
Charter alleged to have been violated (supra paragraph 42).
47.
The
which
Court finds that the Applicant's Application
relate
to
human
and
peoples’
rights
states facts
protected
under
the
Charter, and therefore holds that it has jurisdiction ratione materiae.
Jurisdiction ratione personae
48.
Although the parties raised an issue purportedly relating to the
Court's jurisdiction ratione personae, the Court does not conside:
this to be
an
objection
on
its jurisdiction
ratione personae.
Respondent is a State Party to the Protocol, which
The
has also made
the declaration in terms of Article 34(6) of the Protocol accepting the
seizure of the Court by an individual. The Respondent deposited its
instrument of ratification of the Protocol on 10 February 2006 and
deposited the declaration required under 34(6) of the Protocol on 29
March
2010.
deposit
of
Though
the
the
alleged
instruments
of
violations
occurred
ratification
and
before
declaration
20
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the
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