iii.
Consequently, declare all of the Applicant’s requests unfounded; and
iv. Dismiss the Applicant’s request for provisional measures in all
respects.
V.
JURISDICTION
15. The Court recalls that Article 3 of the Protocol provides:
1.
The Court shall have jurisdiction over 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.
16. Under Rule 49(1) of the Rules of Court, “the Court shall make a preliminary
examination of its jurisdiction [...] in accordance with the Charter, the
Protocol and the [...] Rules of Court”.
17. Based on the aforementioned provisions, the Court must, in each
Application, conduct a preliminary assessment of its jurisdiction and rule on
any objections thereto, if necessary.
18. The Court notes that the Respondent State does not raise any objection to
jurisdiction. Nonetheless, it must satisfy itself that it has jurisdiction to hear
the present Application. Accordingly, it finds, based on the record, that it
has:
i.
Material jurisdiction, insofar as the Applicant alleges violation of
the right to defence, the right to life and to physical and moral
integrity and the right to participate freely in the government of
his country, protected respectively by Articles 7, 4 and 13(1) of
the Charter, an instrument ratified by the Respondent State.
6