24. The Court recalls that under Article 3(1) of the Protocol, it has jurisdiction to
examine any application submitted to it, provided that the rights of which a
violation is alleged are protected by the Charter or any other human rights
instrument ratified by the Respondent State.5
25. The Court further recalls that, as is now firmly established in its case-law, it
does not exercise appellate jurisdiction with respect to claims already
examined by domestic courts.6 However, the Court reiterates its position
that it retains the power to assess the propriety of domestic proceedings as
against standards set out in international human rights instruments ratified
by the State concerned.7
26. In the present matter, the Applicant is asking this Court to determine
whether the proceedings before the domestic courts were conducted in line
with the Respondent State’s obligations under the Charter, ICCPR and
other human rights instruments ratified by the Respondent State. The Court
is empowered by provisions of Article 3(1) of the Protocol to ensure the
observance of these obligations.
27. In light of the above, the Court dismisses the Respondent State’s objection
and consequently holds that it has material jurisdiction to hear this
Application.
B. Other aspects of jurisdiction
28. The Court observes that no objection has been raised with respect to its
personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule
49(1) of the Rules, it must satisfy itself that all aspects of its jurisdiction are
fulfilled before proceeding.
5
Kalebi Elisamehe v. United Republic of Tanzania, ACtHPR, Application No. 028/2015, Judgment of 26
June 2020, § 18.
6 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, §§ 14-16.
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.
7