viii. Order the Respondent State to report on the measures taken to
implement its orders.
13. The Respondent State prays the Court to:
i.
Declare that the Court is not vested with jurisdiction to adjudicate the
Application;
ii.
Declare that the Application is inadmissible;
iii. Dismiss the Application;
iv. Declare that the Respondent State has not violated the Applicants rights
under Articles 3(1) and (2), 5, and 7(1)(a), (c) and (d) of the Charter.
v.
Dismiss the Application with costs; and
vi. Make any other orders that the Court deems fit.
V.
JURISDICTION
14. 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.
15. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”4
16. In view of the foregoing, the Court must conduct an assessment of its
jurisdiction and dispose of objections thereto, if any.
4 Rule 39(1), Rules of Court, 2 June 2010.
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