17. It argues that the jurisdiction requirements under Article 3(1) of the Protocol
make no room for calling into question domestic laws or judicial decisions,
so that this Court cannot deliver a judgment calling into question an
administrative decision of a State. According to the Respondent State, the
Applicant’s requests fall outside the jurisdiction of the Court.
18. It concludes that the Court should decline jurisdiction.
19. The Applicant, without directly replying to the Respondent State’s
submission, affirms that Benin has ratified the Charter, the Protocol and has
deposited the Declaration. He considers that the Court has jurisdiction.
***
20. The Court notes that pursuant to Article 3(1) of the Protocol, it has
jurisdiction over “all cases and disputes submitted to it concerning the
interpretation and application of the Charter, the Protocol and any other
relevant human rights instrument ratified by the States concerned”.
21. The Court recalls that for it to assume material jurisdiction, it is sufficient that
the Applicant alleges violations of human rights protected under the Charter
or any other human rights instrument ratified by the Respondent State.7
22. The Court notes that in the present case, the Applicant alleges a violation
of the right to the presumption of innocence and the right to nationality,
which are protected by Article 7(1)(b) of the Charter and Article 15 of the
UDHR respectively. Therefore, the Court acts within the purview of its
jurisdiction.
7
Franck David Omary and Others v. United Republic of Tanzania (admissibility) (28 March 2014) 1
AfCLR 358, § 74; Peter Chacha v. United Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR
398, § 118.
6