2.
The Application is devoid of merits; and
3. Costs be borne by the Applicants.
V.
JURISDICTION
14. The Court observes that Article 3 of the Protocol provides as follows:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant Human Rights
instrument ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
15. The Court further recalls that pursuant to Rule 49(1) of the Rules, it “shall
preliminarily ascertain its jurisdiction… in accordance with the Charter, the
Protocol and these Rules.”2
16. On the basis of the above-cited provisions, the Court must preliminarily
establish its jurisdiction and dispose of objections thereto, if there are any.
17. In the instant case the Respondent State objects to the personal jurisdiction
of the Court. The Court will therefore examine the said objection before
considering other aspects of jurisdiction, if necessary.
A. Objection to the personal jurisdiction of the Court
18. The Respondent State contends that the Applicants did not attach
documentary evidence proving that they have observer status before the
Commission. It argues, therefore, that they do not have a right to file the
Application before the Court as this was a breach of Article 5(3) of the
Protocol as read together with Article 34(6) of the Protocol.
2
Rule 39(1), Rules of Court, 2 June 2010.
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