The Court's Assessment
51. The Court notes that Artic le 3 (1) of the Protocol and Rule 26 (1) (a) of its
Ru les govern its material jurisdiction regardless of whether an Appl ication
is filed by individuals , the Commission or States. Pursuant to these
provisions, the materia I jurisdiction of the Court extends "to all cases and
disputes submitted to it concerning the interpretation and application of the
Charter, [its] Protocol and any other relevant human rights instrument ratified
by the States concerned" . The only pertinent consideration for the Court in
ascertaining its material jurisdiction in accordance with both Article 3(1)
of the Protocol and Rule 26 (1) (a) of its Rules is thus whether an Application
relates to an alleged violation of the rights protected by the Charter or other human rights
instruments to which the Respondent is a Party. In this vein, the Court has held that "as
long as the rights allegedly violated are protected by the Charter or any other human
rights instruments ratified by the State concerned, the Court will have jurisdiction over
the matter''.2
52. In the instant Application, the Applicant alleges the violation of several rights and
freedoms guaranteed under the Charter and other international human rights
instruments ratified by the Respondent, especially , the ICCPR and the ICESR.
Accordingly, the Application satisfies the requirements of Article 3(1) of the Protocol.
53 . In circumstances where the Commission files a case before the Court pursuant to
Article 5 (1) (a) of the Protocol, Article 3 (1) of the same provides no additional
requirements to be fulfilled before this Court exercises its jurisdiction . Article 58 of
the Charter mandates the Commission to draw the attention of the Assembly of
Heads of State and Government where communications lodged before it reveal
cases of series of serious or massive violations of human and peoples' rights. With
the establishment of the Court, and in application of the principle of complementarity
enshrined under Article 2 of the Protocol, the Commission now has the power to refer
2
See Alex Thomas v United Republic of Tanzania (Judgment on Merits) 20 November 2015 (hereinafter
referred to as Alex Thomas Case) paragraph 45 and Mohamed Abubakari v United Republic of Tanzania
(Judgment on Merits) 3 June 2016 (hereinafter referred to as Mohamed Abubakari Case) paragraphs 28
and 35.