B. Other aspects of jurisdiction 26. The Court notes that the Parties do not contest the other aspects of its jurisdiction and nothing on record indicates that it lacks jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules, the Court must satisfy itself that all aspects of its jurisdiction are met before proceeding. 27. In relation to its personal jurisdiction, as stated in paragraph 2 above, the Respondent State deposited the instrument of withdrawal of the Declaration under Article 34(6) of the Protocol on 21 November 2019. The Court has held that such withdrawal does not apply retroactively. Therefore, it has no bearing on matters pending before the Court prior to the filing of the instrument withdrawing the Declaration or new cases filed before the withdrawal took effect, being a period of one (1) year after the deposit of the notice of withdrawal, that is, on 22 November 2020. 28. Concerning its temporal jurisdiction, the Court notes that the alleged violations are based on the Resident Magistrate Court’s judgment of 8 April 2005 and the Court of Appeal’s judgment of 29 April 2010. The Court also notes that although the two (2) decisions were delivered after the Respondent State had ratified the Charter and the Protocol, the former judgment was delivered before the Respondent State deposited the Declaration under Article 34(6) of the Protocol. 29. This Notwithstanding, the Court further notes that the alleged violations are continuing in nature, as the Applicant remains convicted and is awaiting execution of the death sentence imposed upon him by the Resident Magistrate Court at Mwanza, on the basis of what he considers an unfair process.6 Accordingly, the Court holds that it has temporal jurisdiction with respect to the instant Application. 6 Tanganyika Law Society and Legal and Human Rights Centre v. United Republic of Tanzania (merits) (14 June 2013) 1 AfCLR 34, § 84; African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9, § 65; Kennedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, § 29 (ii).

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