22.
The Court further reiterates that, while national courts are empowered to
consider evidentiary issues, as recalled by the Respondent State, the
Court’s role is to ensure that domestic proceedings are in compliance with
international standards set out in the Charter and any other human rights
instruments ratified by the Respondent State.4 Therefore, if the procedure
leading to the conviction and sentencing is found to be in violation of the
international standards provided for in the Charter, then, the Court is
empowered to order the release of an Applicant as one of the remedies
under Article 27(1) of the Protocol.
23. In the instant case, the Court notes that the Applicant alleges the violation
of the right to defence and the right to a fair trial protected under the Charter
to which the Respondent State is a party. Consequently, the application
fulfils the material jurisdiction of the Court.
24. From the foregoing, the Court dismisses the objection and finds that it has
material jurisdiction in this application.
B. Objection to temporal jurisdiction
25. The Respondent State contends that the Court lacks temporal jurisdiction
in this application because the alleged violations occurred before the
Respondent State ratified the Protocol and they are not continuing.
26. The Applicant avers that the Court is vested with jurisdiction to hear this
application under Articles 3 and 27 of the Protocol.
***
4
Kennedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48,
§ 26; Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2
AfCLR 477, § 33; Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of
Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 35.
7