16. The Court further notes that the Respondent State did not file its written
observations on the said Application despite reminders sent to it on 11
February and 16 November 2022. The Court, therefore, concludes that the
Respondent State failed in its obligation to present its case.
17. Lastly, the Court notes that the Rules empowers it to rule by default either on
its own motion or at the request of the other Party. As the Applicant has not
requested a judgment by default, the Court will render judgment on its own
motion in the interest of the proper administration of justice.2
18. Accordingly, the Court decides to render its judgment in this Application by
default in respect of the Respondent State.
VI.
JURISDICTION
19.
Article 3 of the Protocol provides:
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.
20. Furthermore, Rule 49(1) of the Rules provides, “[t]he Court shall conduct
preliminary examination of its jurisdiction […] in accordance with the Charter,
African Commission on Human and Peoples' Rights v. Libya (merits) (2016), 1 AfCLR 145, §§ 38 to 42;
Fidèle Mulindahabi v. Rwanda, ACtHPR, Application no. 010/2017, Judgment of June 26, 2020 (jurisdiction
and admissibility), § 30. Yusuph Saïd v. United Republic of Tanzania, ACtHPR, Application no. 011/2019,
Judgment of September 21, 2021 (jurisdiction and admissibility), § 17; Robert Richard v. United Republic
of Tanzania, ACtHPR, Application no. 035/2016, Judgment of December 2, 2021 (merits and reparations),
§§ 17 to 18.
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