26. However, despite not assuming the role of an appellate court, in relation to
domestic decisions, the Court retains the authority to evaluate the
conformity of domestic proceedings with the standards established in
international human rights instruments ratified by the concerned States.7
This distinctive power does not transform the Court into an appellate body;
rather, it underscores its responsibility to uphold and apply the principles
enshrined in international human rights treaties without encroaching upon
the realm of domestic appellate review.8
27. Concerning the Respondent State’s objection that some of the Applicant’s
allegations are being raised for the first time, the Court concurs with the
Applicant that this pertains to the issue of admissibility of the Application,
specifically, the requirement of exhaustion of local remedies. The Court
therefore reserves its determination on this objection and will address it later
while considering admissibility.
28. In view of the above, the Court dismisses the Respondent State’s objections
to its material jurisdiction and holds that it has material jurisdiction to hear
this Application.
B. Other aspects of jurisdiction
29. The Court notes that the Parties do not contest the other aspects of its
jurisdiction and nothing on record indicates that it lacks jurisdiction.
Nonetheless, in line with Rule 49(1) of the Rules, the Court must satisfy
itself that all aspects of its jurisdiction are met.
30. In relation to its personal jurisdiction, as highlighted in paragraph 2 earlier,
the Respondent State officially lodged the instrument of withdrawal of the
Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March
2018) 2 AfCLR 287, § 35.
7 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477, § 33; Werema Wangoko Werema and Another v. United Republic of Tanzania (merits) (7
December 2018) 2 AfCLR 520, § 29 and Alex Thomas v. United Republic of Tanzania (merits) (20
November 2015) 1 AfCLR 465, § 130.
8 Ibid.
8