A. Objection to temporal jurisdiction
33. The Respondent State objects to the temporal jurisdiction of the Court
arguing that the alleged violations which date back to the year 2000,
occurred prior to it becoming a party to the Protocol.
34. According to the Respondent State, the cases cited by the Applicants, that
is, Reverend Christopher Mtikila v. Tanzania and Urban Mkandawire v.
Malawi, in support of their submission on temporal jurisdiction can be
distinguished herein. To this end, the Respondent State contends that the
crux of the above-mentioned cases with respect to jurisdiction is the deposit
of the Declaration under Article 34(6) of the Protocol and that they therefore
fall under personal jurisdiction. In distinction, it argues that, its objection
herein is on temporal jurisdiction.
35. Citing the matters of Zongo and Others v. Burkina Faso and Christopher
Mtikila v. Tanzania, the Respondent State submits that it became a party to
the Protocol in 2006, and that since treaties do not apply retroactively, the
Court does not have temporal jurisdiction to adjudicate on the killings of
PWA which occurred from the year 2000 through 2006.
36. During the public hearing, the Respondent State contended that since the
Applicants did not enumerate the victims of their alleged violations, did not
provide names and dates of the said violations, and made reference only to
the year 2000, the Court’s temporal jurisdiction is not satisfied.
37. Citing Christopher Mtikila v. Tanzania and Urban Mkandawire v. Malawi, the
Applicants aver that the alleged violations are continuing and therefore, the
Application satisfies the Court’s temporal jurisdiction. In this regard, they
submit that even if the reported violations began in 2000, which is prior to
the Respondent State becoming a party to the Protocol, the effects of the
alleged violations continued thereafter.
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