it provided that the Applicant alleges the violation of rights guaranteed in the
Charter, the Protocol or any other human rights instruments ratified by the
Respondent State.3
24. The Court further reiterates that, while national courts are empowered to
consider evidentiary issues, as recalled by the Respondent State, this
Court’s role is to ensure that domestic proceedings are in compliance with
international human rights standards set out in the Charter and any other
human rights instruments ratified by the Respondent State.4 Consequently,
if the procedure leading to the conviction and sentencing of any applicant is
found to be in violation of the international standards provided for in the
Charter, then, the Court is empowered to order the release of an applicant
as reparation under Article 27(1) of the Protocol.
25. In the instant case, the Court notes that the Applicant alleges violation of
the right to equality and non-discrimination and also the right to a fair trial
which are all protected under the Charter, to which the Respondent State is
a party. The Court therefore holds that its material jurisdiction is established.
26. Based on the foregoing, the Court dismisses the Respondent State’s
objection and holds that it has material jurisdiction in this Application.
B. Other aspects of jurisdiction
27. The Court notes that the Respondent State does not contest its personal,
temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of
the Rules, it must satisfy itself that all aspects of its jurisdiction are fulfilled
before proceeding with the determination of the Application.
3
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; Kennedy
Owino Onyachi and Charles John Mwanini Njoka v. United Republic of Tanzania (merits) (28 September
2017) 2 AfCLR 65, §§ 34-36; Jibu Amir alias Mussa and Saidi Ally Mang’aya v. United Republic of
Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 629, § 18.
4 Kennedy Ivan v. United Republic of Tanzania (merits) (March 2019) 3 AfCLR 48, § 26; Armand Guehi
v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Nguza
Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March
2018) 2 AfCLR 287, § 35.
7
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