19. In the instant case, the Court notes that the alleged violations are based on
the alleged denial of the right to a fair trial in the national courts, which
occurred between 1993 and 2003. In this regard, the alleged violations
occurred after the Respondent State had ratified the Charter but prior to the
ratification of the Protocol and the deposit of the Declaration on 29 March
2010. However, the alleged violations continued thereafter since the
Applicant is on death-row based on his conviction by the national courts
from procedures that he considers to be unfair.3 Consequently, the Court
finds that it has temporal jurisdiction.
20. The Court also notes that it has territorial jurisdiction, given that the facts of
the case occurred in the Respondent State’s territory.
21. In light of the foregoing, the Court holds that it has jurisdiction to hear this
Application.
VI.
ADMISSIBILITY
22. Article 6(2) of the Protocol provides: “the Court shall rule on the admissibility
of cases taking into account the provisions of article 56 of the Charter.”
23. Pursuant to Rule 50(1) of the Rules, “[t]he Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6 (2) of the Protocol and these Rules.”
24. Rule 50(2) of the Rules, which in substance restates the provisions of
Article 56 of the Charter, provides as follows:
Applications filed before the Court shall comply with all of the following
conditions:
3
Jebra Kambole v. United Republic of Tanzania, ACtHPR, Application No. 018/2018, Judgment of 15
July 2020 (merits and reparations), § 24; Dismas Bunyerere v. United Republic of Tanzania, (merits
and reparations) (28 November 2019) 3 AfCLR 702, § 28(ii); Norbert Zongo and Others v. Burkina Faso
(preliminary objections) (25 June 2013) 1 AfCLR 197, §§ 71-77.
6