demonstrated specific and compelling circumstances warranting an order
for release, the Court may make such an order.4 Consequently, the Court
notes that, where applicable, it is empowered to issue an order for release
which is a measure of restitution within its jurisdiction.
22. From the foregoing, the Court dismisses the Respondent State’s objection
herein and holds that it has material jurisdiction to hear the Application.
B. Objection to temporal jurisdiction
23. The Respondent State submits that the Court lacks temporal jurisdiction in
this Application because the alleged violations are not continuing.
Furthermore, the Respondent State argues that the Applicant is serving a
lawful sentence for commission of an offence provided for by statute.
24. The Applicant argues that he is a serving an unlawful sentence resulting
from alleged violations during the trial procedure. Therefore, he argues that
the Court has jurisdiction to determine the Application.
***
25. The Court notes, in accordance with the principle of non-retroactivity that it
cannot a priori consider allegations of human rights violations that occurred
before the Respondent State became a party to the Protocol, unless the
alleged violations are continuing.5
26. The Court notes that, in the present case, the alleged violations occurred
between the years, 2013 and 2016. In this regard, the alleged violations
occurred after the Respondent State had ratified the Charter on 21 October
4
See Mussa and Mangaya v. Tanzania (merits and reparations), ibid, § 97; Kalebi Elisamehe v. United
Republic of Tanzania (26 June 2020) (judgment) 4 AfCLR 265, § 112; and Minani Evarist v. United
Republic of Tanzania (21 September 2018) (merits and reparations) 2 AfCLR 402, § 82.
5 Beneficiaries of the late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo and Blaise
Ilboudo & the Burkinabè Human and Peoples’ Rights Movement v. Burkina Faso (preliminary objections)
(21 June 2013) 1 AfCLR 197, § 68; and Igola Iguna v. United Republic of Tanzania, ACtHPR, Application
No. 020/2017, Judgment of 1 December 2022, § 18.
7