nothing on record shows that it lacks jurisdiction, the Court considers that it
has:
i.
Material jurisdiction, insofar as the Applicant alleges violation of
Articles 2, 3, 7 and 26 of the Charter and Article 22(3) of the
International Covenant on Civil and Political Rights (ICCPR)3,
instruments to which the Respondent State is a party.4
ii.
Personal jurisdiction, insofar as the Respondent State deposited the
Declaration provided for in Article 34(6) of the Protocol on 23 July 2013
as indicated in paragraph 2 of the present judgment. On 29 April 2020,
it deposited the instrument of withdrawal of the said Declaration. In this
regard, the Court reiterates its jurisprudence that the withdrawal of the
Declaration has no retroactive effect and has no bearing on cases
pending at the time of the deposit of the instrument of withdrawal, nor
on new cases filed before the said withdrawal takes effect, in this case,
on 30 April 2021. The present Application, having been filed on 19
February 2021, that is, two (2) months and eleven (11) days before the
effective date of the withdrawal of the Declaration, is therefore not
affected;
iii.
Temporal jurisdiction, insofar as the violations alleged by the Applicant
occurred after the Respondent State became a party to the Charter
and the Protocol.5
iv.
Territorial jurisdiction, insofar as the facts of the case occurred on the
territory of the Respondent State.
25. In light of the foregoing, the Court holds that it has jurisdiction to determine the
present Application.
3
The Respondent State became a party to the ICCPR on 26 March 1992.
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; Kouassi
Kouame Patrice and Baba Sylla v. République de Côte d’Ivoire, ACtHPR, Application No. 015/2021,
Judgment of 22 September 2022 (merits and reparations), § 23. Kouadio Kobena Fory v. République de
Côte d'Ivoire, (merits and reparations) (2 December 2021) 5 AfCLR 682, § 26.
5 Kouadio Kobena Fory v. Republic of Côte d'Ivoire, Judgment of 2 December 2021, supra, § 27.
4
8