25. In light of the foregoing, the Court dismisses the Respondent State’s
objection and finds that it has personal jurisdiction to determine this
Application.
B. Other aspects of jurisdiction
26. The Court notes that its material, temporal and territorial jurisdiction are not
disputed by the Respondent State. Nevertheless, the Court must confirm its
jurisdiction in every Application before proceeding to consider it. In this
regard, it finds that its material jurisdiction has been met because the
Application alleges violation of rights protected under the Charter and
ICCPR both of which have been ratified by the Respondent State.3
27. As regards temporal jurisdiction, the Court observes admittedly, that the
impugned law, that is, Section 148(5) of the CPA was enacted in 1985,
which is before the Respondent State ratified the Charter, the Protocol and
deposited its Declaration provided for under Article 34(6) of the Protocol.
However, the CPA has been revised repeatedly subsequently with the latest
revision taking place on 22 June 2022 and Section 148(5) of the CPA still
prevails in the Respondent State to date.
28. The Court underscores in accordance with the principle of non-retroactivity,
that, it cannot consider allegations of human rights violations that occurred
before the Respondent State’s obligations were triggered under the human
rights instruments that it had ratified, unless the violations are continuing in
nature. In the present case, even though the alleged violations predated the
ratification of the Charter, the Protocol and the deposit of the Declaration,
3
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, §§ 45 ;
Kennedy Owino Onyachi and Another v. United Republic of Tanzania (merits) (28 September 2017) 2
AfCLR 65, § 34-36 ; Jibu Amir alias Mussa and Another v. United Republic of Tanzania (merits and
reparations) (28 November 2019) 3 AfCLR 629, § 18; Masoud Rajabu v. United Republic of Tanzania,
ACtHPR, Application No. 008/2016 Judgment of 25 June 2021 (merits and reparations), § 21.
8