0a0012
20.
The Applicant did not make a detailed request for reparation
21.
The Respondent State refused to participate in the proceedings and did not make
any prayers.
V. JURISDICTION
22.
Pursuant to Article 3(1) of the Protocol, "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." Furthermore, in accordance with rule 39(1) of its Rules, "the
Court shall conduct preliminary examination of its jurisdiction..."
23.
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:
it has personaljurisdiction as the Respondent State is party to the
Protocol and deposited the declaration prescribed in Article 34(6)
of the Protocol which enabled the Applicant to seize the Court in
accordance with Article 5(3)
of the Protocol. Moreover,
the
Application was filed within one (1) year from the time set by the
Court to give effect to the withdrawal of the declaration by the
Respondent State;
it has material jurisdiction in as much as the Applicant alleges
violation of Articles 1 and 14 of the Charter, Article 2(3)(c) of the
lnternational Covenant on Civiland Political Rights, Article 6(1) of
the lnternational Covenant on Economic, Social and
Cultural
Rights, and Article 17(2) of the Universal Declaration of Human
Rig hts.
All these
instruments have been ratified
6
b
y
the