jurisdiction, that the application is admissible and that the Applicant's claims
are founded in fact and in law.?
Vi.
JURISDICTION
33. Pursuant to Article 3(1) of the Protocol,
"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". Furthermore, Rule 39(1)
of
the
Rules
provides
that
"the
Court
shall
conduct
a
preliminary
examination of its jurisdiction ..." .
34. After a preliminary examination of its jurisdiction and having found that there
is nothing in the file to indicate that it does not have jurisdiction in this case,
the Court finds that it has:
i.
Material jurisdiction
by virtue of the fact that the Applicant
alleges a violation of Articles 7(1)(a)(d) and 26 of the Charter,
Articles
2(3)(c)
and
14(1)
of the
ICCPR
to
which
the
Respondent State is a party and Article 10 of the UDHR®.
ii.
Personal jurisdiction, insofar as, as stated in paragraph 2 of
this
Ruling,
the
effective
date
of the
withdrawal
of
the
Declaration by the Respondent State is 1 March 2017.4
iii.
Temporal jurisdiction, in so far as, the alleged violations took
place after the entry into force for the Respondent State of the
2 African Commision on Human and Peoples’ Rights v. Libya (merits) (2016) 1 AfCLR 153 §§ 38-42.
3 See Anudo Ochieng Anudo v. United Republic of Tanzania, (merits) (2018) 2 AfCLR 257, § 76; Thobias
Mang’ara Mango and Shukurani Masegenya Mango v. United Republic of Tanzania (merits) (2018) 2
AfCLR 325, § 33.
4 See paragraph 2 of this Judgment.
10