such orders as would remedy the violation(s) including, where necessary,
the quashing of a conviction and release of an applicant. The preceding
follows from a correct interpretation of Article 27(1) of the Protocol. The
Court thus finds without merit the Respondent State’s allegation that it does
not have the power to order the quashing of a conviction and release of a
convict.
26. In view of the above, the Court dismisses the Respondent State’s objection
to its material jurisdiction and holds that it has material jurisdiction to hear
this Application.
B. Other aspects of jurisdiction
27. The Court notes that the Parties do not contest other aspects of its
jurisdiction. However, being cognizant of Rule 49(1) of the Rules,6 the Court
must satisfy itself that all aspects of its jurisdiction are met before
proceeding.
28. In relation to its personal jurisdiction, the Court recalls that the Respondent
State is a party to the Protocol and had deposited the Declaration under
Article 34(6) of the Protocol. The Court further recalls that on 21 November
2019, the Respondent State deposited an instrument withdrawing its
Declaration. As per the Court’s jurisprudence, the withdrawal of the
Declaration does not apply retroactively and only takes place 12 months
after notice of such withdrawal has come into effect, in this case, on 22
November 2020.7 This Application, having been filed on 5 December 2018,
which was before the said date, is thus unaffected by the withdrawal.
Consequently, the Court holds that it has personal jurisdiction.
29. Regarding its temporal jurisdiction, the Court notes that the present
Application is based on the Applicant’s trial and appeal, which were
concluded when the Court of Appeal pronounced its judgment on 30 June
6
7
Rule 49(1) of the Rules of the Court, 2020.
Cheusi v. Tanzania, supra, §§ 35-39.
8