B. Other aspects of jurisdiction
27. The Court notes that the Respondent State does not contest its personal,
temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of
the Rules,9 it must satisfy itself that all aspects of its jurisdiction are fulfilled
before proceeding with the determination of the Application.
28. In relation to its personal jurisdiction, the Court recalls, as indicated in
paragraph 2 of this Judgment, that the Respondent State is a party to the
Protocol and has 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 effect twelve (12) months after the notice
of such withdrawal has been deposited, in this case, on 22 November
2020.10 This Application, having been filed before the said date, is thus
unaffected by it. Consequently, the Court holds that it has personal
jurisdiction.
29. Regarding its temporal jurisdiction, the Court observes that the basis of the
alleged violations, in this Application, is the Applicants’ trial which was
concluded with the Court of Appeal’s judgment delivered on 20 February
2015. The Court of Appeal’s decision, the Court observes, was delivered
after the Respondent State had ratified the Charter and the Protocol. The
Court thus holds that it has temporal jurisdiction in this Application.
30. As regards its territorial jurisdiction, the Court notes that the violations
alleged by the Applicants happened within the territory of the Respondent
State. In the circumstances, the Court holds that its territorial jurisdiction is
established.
9
Rule 39(1) of Rules of Court, 2 June 2010.
Cheusi v. Tanzania, supra, §§ 35-39.
10
9