under Article 7 of the Charter. The Court, therefore, dismisses the third
ground for the objection to its material jurisdiction.
25. In view of the foregoing, the Court dismisses the Respondent State’s
objection and holds that it has material jurisdiction to hear this Application.
B. Other aspects of jurisdiction
26. The Court notes that the Respondent State does not dispute the Court’s
personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule
49(1) of the Rules,10 it must ensure that all aspects of its jurisdiction are
fulfilled before proceeding with the determination of the Application.
27. Regarding personal jurisdiction, the Court recalls, as indicated in paragraph
2 of this Judgment, that on 21 November 2019, the Respondent State
deposited the instrument of withdrawal of the Declaration. The Court has
held that such withdrawal does not apply retroactively. Therefore, it has no
bearing on matters pending before the Court prior to filing of the instrument
withdrawing the Declaration or new cases filed before the withdrawal took
effect, one (1) year after the notice of withdrawal was deposited, that is, on
22 November 2020. Hence, the Court holds that it has personal jurisdiction
in the present Application as it was filed before the withdrawal of the
Declaration.
28. As regards its temporal jurisdiction, the Court notes that the relevant dates,
in relation to the Respondent State, are those of entry into force of the
Charter and the Protocol.
29. In the instant case, the Court notes that the violations alleged by the
Applicant are based on the judgments of the High Court and Court of Appeal
rendered on 29 June 2005 and 21 May 2009, respectively, that is, after the
Respondent State had ratified the Charter and the Protocol. Furthermore,
10
Rule 39(1) of the Rules of Court, 2 June 2010.
9