V.
JURISDICTION
22. The Court observes 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.
23. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”5
24. In view of the foregoing, the Court must conduct an assessment of its
jurisdiction and dispose of objections thereto, if any.
25. In the present Application, the Court notes that the Respondent State raises
two objections to its jurisdiction. Firstly, it argues that the Court does not
have material jurisdiction and, secondly, that the Court lacks temporal
jurisdiction. The Court will examine these objections before considering
other aspects of jurisdiction if necessary.
A. Objection to material jurisdiction
26. The Respondent State asserts that the Court does not have jurisdiction to
grant the relief of releasing the Applicant. Noting Article 27(1) of the Protocol
and in reference to the Court’s Jurisprudence in Alex Thomas v. Tanzania,
the Respondent State submits that the prayer sought by the Applicant to be
released from custody is beyond the mandate of the Court since the
Applicant has not provided specific or compelling circumstances to warrant
5
Rule 39(1), Rules of Court, 2 June 2010.
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