66.
The Court recalls that in the matter of Ingabire Victoire Umuhoza
v Rwanda,’
it
held that the withdrawal of the Declaration does not have any retroactive effect
and it also has no bearing on matters pending before it prior to the filing of the
Declaration, as is the case in the present Application. The Court also confirmed
that any withdrawal of the Declaration takes effect twelve (12) months after the
deposit of the instrument of withdrawal.®
67.
In respect of the Respondent State having deposited its instrument of withdrawal
of the Declaration on 29 April 2020, this withdrawal will thus take effect on 30
April 2021 and will in no way affect the personal jurisdiction of the Court in the
instant case.
68.
Concerning its temporal jurisdiction, the Court notes that the alleged violations
occurred subsequent to the entry into force in respect of the Respondent State
of the international instruments mentioned in paragraph 12.
69.
Regarding its territorial jurisdiction, the Court notes that the facts of the matter
took place in the territory of the Respondent State.
70.
In view of the foregoing, the Court concludes that it has jurisdiction to examine
this Application.
Vi.
ADMISSIBILITY OF THE APPLICATION
71,
A
preliminary
issue
was
raised
by
the
Respondent
State
concerning
the
admissibility of an amended Application submitted by the Applicants to replace
the initial Application. The Court will first deal with this issue, before it considers
other aspects of the admissibility of the Application.
7 Ingabire Victoire Umuhoza v. Rwanda (jurisdiction) (2016) 1 AfCLR 562 § 67.
8 See also Ghati Mwita v. United Republic of Tanzania, Af(CHPR, Application No. 012/2019, Ruling of 9
April 2020 (provisional measures) § 4.
16