19. In view of the foregoing, the Court must conduct a preliminary assessment
of its jurisdiction and dispose of objections thereto, if any.
20. In the present Application, the Court notes that the Respondent State raises
an objection to its material jurisdiction. The Court will thus first consider the
said objection before examining other aspects of its jurisdiction, if
necessary.
A. Objection to material jurisdiction
21. The Respondent State avers that this Court does not have appellate
jurisdiction to determine matters of fact and law which have been
determined with finality by its Court of Appeal. It is the Respondent State’s
submission that the jurisdiction of this Court cannot extend to the issue of
identification of the Applicants in the original criminal case.
22. The Respondent State further contends that this Court cannot entertain the
Applicants’ prayers that their conviction should be quashed, their sentencing
be set aside, and that they should be released.
23. The Applicants rebut the Respondent State’s submissions and pray that the
objection be dismissed given that the Application concerns rights protected
in the Charter, which is an instrument that the Court has jurisdiction to
interpret and apply. It is also the contention of the Applicants that this Court
has jurisdiction to consider issues relating to alleged errors in the domestic
proceedings in order to assess whether they were in abidance with
provisions of the Charter and other instruments to which the Respondent
State is a party.
***
24. The Court recalls that under Article 3(1) of the Protocol, it has jurisdiction to
examine any application submitted to it, provided that the rights of which a
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