iii. Declare the Application inadmissible; and
iv. Dismiss the Application.
12. On the merits and reparations, the Respondent State prays the Court for
the following orders:
i.
Find that the Respondent State did not violate the Applicant’s rights
provided under Article 2 of the Charter;
ii.
Dismiss the Applicant’s prayer for reparations;
iii. Order the Applicant to bear the costs of this Application.
V.
JURISDICTION
13. Pursuant to Article 3 of the Protocol:
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
instruments ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
14. The Court notes pursuant to Rule 49(1) of the Rules, that, it “shall conduct
a preliminary examination of its jurisdiction […] in accordance with the
Charter, the Protocol and these Rules.”
15. Based on the above-mentioned provisions, the Court must, in each case,
conduct a preliminary examination of its jurisdiction and rule on objections
to jurisdiction, if any.
16. In the instant case, the Court notes that the Respondent State raises
objections to its jurisdiction regarding two aspects thereof, namely, i)
material jurisdiction and ii) temporal jurisdiction. The Court will rule on these
objections before considering other aspects of its jurisdiction, if necessary.
5