ii.
Find that the preliminary objections raised by the Respondent State are
well founded;
iii. Declare the Application inadmissible.
20. On the merits, the Respondent State prays the Court to dismiss the
Application as unfounded.
V.
JURISDICTION
21. The Court notes that Article 3 of the Protocol provides as follows:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, the Protocol, and any other relevant Human Rights
instruments ratified by the States concerned.
2.
In the event of dispute as to whether the Court has jurisdiction, the
Court shall decide.
22.
Rule 49(1) of the Rules provides that “the Court shall conduct a preliminary
examination of its jurisdiction … in accordance with the Charter, the Protocol
and the […] Rules ".2
23. Based on the above-mentioned provisions, the Court must, in each
Application, conduct a preliminary examination of its jurisdiction and rule on
objections thereto, if any.
24. The Court notes that the Respondent State does not raise any objection to
its material jurisdiction.
25. Having noted that nothing on the record shows that it does not have
jurisdiction, the Court finds that it has:
2
Rule 39(1) of the Rules of Court, 2 June 2010.
6