18. Citing the matter of Peter Joseph Chacha v. Tanzania, the Applicant avers
that the Court has jurisdiction to consider this application as it raises alleged
violations of the Charter.
***
19. The Court recalls, as it has consistently held in accordance with Article 3(1)
of the Protocol, that it has jurisdiction to consider any application filed before
it provided that the latter alleges the violation of rights guaranteed in the
Charter, the Protocol or any other human rights instruments ratified by the
Respondent State.3
20. The Court further reiterates that, while it does not exercise appellate
jurisdiction, criminal or otherwise with respect to decisions of domestic
courts, it is empowered by the provisions of Article 3(1) of the Protocol to
assess whether domestic proceedings are in compliance with international
standards set out in the Charter and any other human rights instruments
ratified by the Respondent State.4 In the instant case, the Applicant alleges
the violation of the right to a fair trial protected under the Charter to which
the Respondent State is a party.
21. Given the foregoing, the Court dismisses this objection to its material
jurisdiction and holds that it has material jurisdiction to hear the application.
3
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, §§ 45;
Kennedy Owino Onyachi and Another v. United Republic of Tanzania (merits) (28 September 2017), 2
AfCLR 65, § 34-36; Jibu Amir alias Mussa and Another v. United Republic of Tanzania (merits and
reparations) (28 November 2019) 3 AfCLR 629, § 18; Abdallah Sospeter Mabomba v. United Republic
of Tanzania, ACtHPR, Application No. 017/2017, Judgment of 22 September 2022 (jurisdiction and
admissibility), §§ 21.
4 Kenedy Ivan v. United Republic of Tanzania (merits) (March 2019) 3 AfCLR 48, § 26; Armand Guehi
v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Nguza
Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March
2018) 2 AfCLR 287, § 35.
6