iii.
The Application should be declared inadmissible.
12. With respect to the merits of the Application, the Respondent State prays
the Court to find that it did not violate Articles 2, 3(1) and (2), 5 and 7(1) of
the Charter.
13. The Respondent State also prays the Application to be dismissed with costs.
V.
JURISDICTION
14. The Court notes 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.
15. The Court underscores the provision of Rule 49(1) of the Rules which is to
the effect that, “[t]he Court shall conduct preliminarily examination of its
jurisdiction…in accordance with the Charter, the Protocol and these Rules.”
16. On the basis of the above-cited provisions, the Court must conduct an
assessment of its jurisdiction and dispose of objections thereto, if any.
17. The Court observes that the Respondent State raises objections to its
material and temporal jurisdiction. The Court will, therefore, consider the
said objections before examining other aspects of its jurisdiction, if
necessary.
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