000415
20. Having conducted a preliminary examination of its jurisdiction, and noting that
nothing on file indicates that it does not have jurisdiction, the Court therefore
holds that:
i.
it has personal jurisdiction, given that the Respondent State is a party to the
Protocol and has deposited the declaration under Article 34(6) thereof,
which enabled the Applicant to access the Court in terms of Article 5(3) of
the Protocol. On the other hand, the Application was filed within the one-year
period set by the Court for the withdrawal
of the declaration
by the
Respondent State to take effect:
ii.
it has material jurisdiction as it alleges the violation of Articles 1 and 14 of
the Charter; Article 2(3)(c) of the International Covenant on Civil and Political
Rights (ICCPR); Article 6(1) of the International Covenant on Economic,
Social
and
Declaration
Cultural
of Human
Rights
Rights
(ICESC);
(UDHR),
Article
17(2)
of the
all instruments
Universal
ratified by the
Respondent State, of which the Court is endowed with the power to interpret
and apply, as per Article 3 of the Protocol;
iii.
it has temporal jurisdiction given that the alleged violations are continuous in
nature since the Applicant’s car remains confiscated‘:
iv. _ it has territorial jurisdiction given that the facts of the matter occurred in the
territory of a State Party to the Protocol, that is, the Respondent State.
21. In view of the aforesaid, the Court finds that it has jurisdiction to consider the instant
application.
Vi.
ADMISSIBILITY
22. Pursuant to Article 6(2) of the Protocol: “The Court shall rule on the admissibility of cases
taking into account the provisions of Article 56 of the Charter”. In accordance with 39(1) of
“ See Application No. 013/2011. Ruling of 21/06/2013 (Preliminary objeetifris), Beneficiaries of lat
Norbert Zongo, Abdoulaye Nikiema Alias Ablassé, Ernes
go; Blajs€ Ilboudo & The Burkinabé
lt