24. With regard to the first objection, the Court recalls its established
jurisprudence that it is not an appellate body with respect to decisions of
national courts.8 However, “this does not preclude it from examining
relevant proceedings in the national courts in order to determine whether
they are in accordance with the standards set out in the Charter or any other
human rights instruments ratified by the State concerned”.9 The Court
would, therefore, not be sitting as an appellate court if it were to consider
the Applicant’s allegations. Accordingly, the Court, dismisses this objection
and holds that it has jurisdiction to hear the instant Application.
25. With regard to the second objection, the Court notes that the Respondent
State’s objection concerns the claim that the Court lacks jurisdiction to grant
an order for release. In this regard, the Court recalls Article 27(1) of the
Protocol which provides that “[i]f the Court finds that there has been violation
of a human or peoples’ right, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation.”
Therefore, the Court has jurisdiction to grant different types of reparations,
including release from prison, provided that the alleged violation has been
established.10
26. For these reasons, the Court dismisses the objections raised by the
Respondent State and holds that it has material jurisdiction in this
Application.
8
Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
Kennedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48,
§ 26; Guéhi v. Tanzania, supra, § 33.
10 Rajabu Yusuph v. United Republic of Tanzania, ACtHPR, Application No. 036/2017, Ruling of 24
March 2022 (admissibility), § 27.
9
9