15. The Respondent State prays the Court to:
i.
Find that it is not vested with jurisdiction to adjudicate this matter;
ii.
Dismiss the Application as it does not meet the admissibility
requirements stipulated under Rule 40(5) of the Rules;
iii. Dismiss the Application as it does not meet the admissibility
requirements stipulated under Rule 40(6) of the Rules; and
iv. Order that the cost of this Application be borne by the Applicants.
16. The Respondent State further prays the Court to:
i.
Find that the Respondent State did not violate Articles 3(1) and (2) of the
Charter;
ii.
Dismiss the Application in accordance with Rule 38 of the Rules;
iii. Dismiss the Applicants’ prayers;
iv. Dismiss the Application in its entirety for lack of merit; and
v.
V.
Order the Applicants to bear the cost of this.
JURISDICTION
17. The Court observes 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, this Protocol and any other relevant human rights
instrument ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
18. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”5
5
Rule 39(1), Rules of Court, 2 June 2010.
6