of domestic courts.10 However, the Court retains the power to examine the
procedures of national courts in order to determine whether they are in
conformity with the standards set out in the Charter or in any other human
rights instrument ratified by the State concerned, which does not make it an
appellate court.11 This specific jurisdictional competence is grounded in the
international commitments of the Respondent State.
30. In the present Application, the Court notes that the Applicant alleges the
violation of rights guaranteed under Articles 4, 5 and 7 of the Charter and
Article 36 of the VCCR,12 instruments which it is empowered to interpret
and apply pursuant to Article 3(1) of the Protocol. The Court thus dismisses
the Respondent State’s objection on this point.
31. In relation to the contention that it lacks jurisdiction to quash the convictions,
set aside the sentences and order release from prison, the Court recalls
that, pursuant to Article 27(1) of the Protocol, “[i]f the Court finds that there
has been violation of a human or peoples’ right, it shall make appropriate
orders to remedy the violation, including the payment of fair compensation
or reparation.” Clearly, therefore, the Court has jurisdiction to grant various
types of reparation, including release from prison, should the facts of a case
so dictate. The Respondent State’s objection on this point is thus also
dismissed.
32. In light of the above, the Court dismisses the Respondent State’s objections
to its material jurisdiction and holds that it has material jurisdiction to hear
the present Application.
10
Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14; § 26
and Werema Wangoko Werema and Waisiri Wangoko Werema v. United Republic of Tanzania (merits)
(7 December 2018) 2 AfCLR 520, § 29.
11 Cheusi v. Tanzania (judgment), supra, § 32; Armand Guehi v. United Republic of Tanzania (merits
and reparations) (7 December 2018) 2 AfCLR 477, § 33 and Alex Thomas v. United Republic of
Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 130.
12 See Niyonzima Augustine v. United Republic of Tanzania, ACtHPR, Application No. 058/2016,
Judgment of 13 June 2023, §§ 80-88.
9