i.
That, the Respondent has not violated the Applicant’s rights as
guaranteed under Article 2 of the Charter;
ii.
That, the Respondent has not violated any of the Applicant’s rights
guaranteed in the Charter.
V.
JURISDICTION
13. The Court notes that Article 3 of the Protocol provides as follows:
1.
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.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
14. The Court underscores that pursuant to Rule 49(1) of the Rules, “[t]he Court
shall conduct preliminarily examination of its jurisdiction…in accordance
with the Charter, the Protocol and these Rules.”
15. On the basis of the above-cited provisions, the Court must conduct an
assessment of its jurisdiction and dispose of objections thereto, if any.
16. The Respondent State raises an objection to the material jurisdiction of the
Court. The Court will, therefore, consider the said objection before
examining other aspects of its jurisdiction, if necessary.
A. Objection to the material jurisdiction of the Court
17. The Respondent State contends that the Court is not vested with jurisdiction
to determine the present application as it is not a criminal appellate court.
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