IV.
JURISDICTION
16.
In dealing with an Application, the Court has to ascertain that it has jurisdiction
on the merits of the case.
17.
However, in ordering provisional measures, the Court need not satisfy itself that
it has jurisdiction on the merits of the case, but simply needs to satisfy itself,
prima facie, that it has jurisdiction. 1
18.
Article 3(1) of the Protocol provides that: "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".
19.
The Court notes that the rights alleged to have been violated are guaranteed
under Articles 2, 3 and 7 of the Charter.
20.
Furthermore, as indicated in paragraph 2 of this Order, the Respondent State,
became a Party to the Charter on 1 March, 1989 and to the Protocol on 16
August, 2005 and deposited on 10 March, 2011 a Declaration accepting the
competence of the Court to receive cases from individuals and NonGovernmental Organisations.
21.
In light of the foregoing, the Court concludes that it has prima facie jurisdiction
to hear the Application.
V.
ON THE PROVISIONAL MEASURES REQUESTED
22.
Under Article 27(2) of the Protocol, "In cases of extreme gravity and urgency, and
when necessary to avoid irreparable harm to persons, the Court shall adopt such
provisional measures as it deems necessary". In accordance with Rule 51 (1) of the
See Application No. 002/2013. Order for Provisional Measures 1513/2013, African Commission on
Human and Peoples' Rights v Libya and Application No. 00612012. Order for Provisional Measures
1513/2013, African Commission on Human and Peoples' Rights v Kenya; Application No. 00412011.
Order for Provisional Measures 25/3/2011, African Commission on Human and Peoples' Rights v Libya.
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