instrument ratified by the State concerned.14
45. In the instant matter, the Applicants allege violations of rights guaranteed in
the Charter, the ICCPR, the ICESCR, and the Algiers Convention, all being
instruments to which the Respondent State is a party.
46. The Court, therefore, dismisses the Respondent State’s objection.
iii. Objection based on the ground that the Court is not an appellate court
47. The Respondent State submits that following the dumping of the toxic
waste, investigations were carried out and the persons involved were
prosecuted before competent domestic courts. According to the
Respondent State, as this Court is not an appellate court, the Applicants are
not entitled to bring before it, for review, decisions rendered by the
competent courts of a sovereign and independent State.
48. The Applicants did not respond to the Respondent State’s submissions on
this issue.
***
49. The Court recalls, in accordance with its constant jurisprudence, that “it does
not have appellate jurisdiction to receive and consider appeals in respect of
cases already decided upon by domestic courts (...)”.15 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.”16
14
Guéhi v. Tanzania, supra, § 33; Werema Wangoko Werema and Another v. United Republic of
Tanzania (merits) (7 December 2018) 2 AfCLR 520, § 29; Franck David Omary and Others v. United
Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR 358, § 74; Peter Joseph Chacha v. United
Republic of Tanzania (admissibility) (28 March 2014) 1 RJCA 398, § 118; Alex Thomas v. United
Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; APDH v. Côte d'Ivoire (merits),
supra, §§ 48-65.
15 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
16 Kenedy Ivan v. United Republic of Tanzania, (merits and reparations) (28 March 2019), 3 AfCLR §
26; Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477 § 33; Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania
15