28. In relation to its personal jurisdiction, the Court recalls, as indicated in
paragraph 2 of this Judgment, that the Respondent State is a party to the
Protocol and has deposited the Declaration. The Court further recalls that
on 21 November 2019, the Respondent State deposited an instrument
withdrawing its Declaration. As per the Court’s jurisprudence, the withdrawal
of the Declaration does not apply retroactively and only takes effect twelve
(12) months after the instrument of such withdrawal has been deposited, in
this case, on 22 November 2020.5 This Application, having been filed before
the said date, specifically on 24 January 2018, that is, before the withdrawal
took effect, is thus unaffected. Consequently, the Court holds that it has
personal jurisdiction.
29. Regarding its temporal jurisdiction, the Court observes that the violations
alleged in present Application emanate from the Applicant’s trial which was
concluded with the Respondent State’s Court of Appeal’s judgment
delivered on 20 June 2015. The Court of Appeal’s decision, the Court
observes, was delivered after the Respondent State had ratified the
Protocol.6 The Court thus holds that it has temporal jurisdiction in this
Application.
30. As regards its territorial jurisdiction, the Court notes that all the violations
alleged by the Applicant happened within the territory of the Respondent
State. In the circumstances, the Court holds that its territorial jurisdiction is
established.
31. In light of all the above, the Court holds that it has jurisdiction to determine
the present Application.
5
Cheusi v. Tanzania, supra, §§ 35-39.
Ligue Ivoirienne des Droits de l’Homme (LIDHO) and Others v. Republic of Côte d’Ivoire, ACtHPR,
Application No. 041/2016, Judgment of 5 September 2023 (merits and reparations), § 58.
6
8
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