is only one aspect of jurisdiction. Jurisdiction also covers personal, temporal and territorial
jurisdiction.
35.
In view of the aforesaid
jurisdiction
considerations,
raised by the Respondent
the Court dismisses
State.
the objection
to its
It holds that it has jurisdiction ratione
materiae to examine the instant case given the fact that all the alleged violations (supra,
para 5) prima facie concern the right to fair trial®, as guaranteed especially by Article 7 of
the Charter.
B)
Other aspects of jurisdiction
36.
With regard to the other aspects of its jurisdiction, the Court notes:
(i)
that it has jurisdiction ratione personae in respect of the two Parties given the
fact that the United Republic of Tanzania made the requisite declaration under
the aforementioned
(ii)
that
it has
continuous
Article 34(6) on 29 March 2010;
jurisdiction
in nature,
ratione
temporis
the Applicant having
since
the
remained
alleged
violations
convicted
are
on grounds
which he believes are flawed by irregularities [see the Court’s jurisprudence in
the Zongo case]’;
(iii)
that it has jurisdiction ratione loci in as much as the facts of the case occurred
on the territory of a State Party to the Protocol, i.e. the Respondent State.
37.
It therefore
follows from
all the preceding
considerations,
that the Court
is fully
competent to hear the instant case.
® See in this
Republic of
Chacha, 28
Charter. The
regard the Judgments of this Court in the Matter of Franck David Omary and Others v. United
Tanzania, Judgment of 28 March 2014, paras 74 and 75 and in the Matter of Joseph Peter
March 2014, para 115: “The rights alleged to have been violated are protected under the
Court therefore finds that it has jurisdiction ratione materiae over the Application’.
7 See African Court especially in the Matter of Zongo and Others v. Burkina Faso (Preliminary Objections)
Judgment of 21 June 2013, paras 71 to 77.
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