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

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