of his rights under the Charter. The Applicant also states that the alleged
violations occurred within the Respondent State’s territory.
34. The Court notes that the Respondent State does not raise objections to the
personal, temporal and territorial aspects of the Court’s jurisdiction.
Nonetheless, in line with Rule 49(1) of the Rules,7 the Court must satisfy
itself that all aspects of its jurisdiction are fulfilled before proceeding to
consider the Application.
35. With regard to personal jurisdiction, the Court recalls, as indicated in
paragraph 2 of this Judgment that, on 21 November 2020, the Respondent
State deposited the instrument of withdrawal of the Declaration under Article
34(6) of the Protocol. The Court has held that such withdrawal does not
apply retroactively. Hence, it has no bearing on pending cases as well as
new cases filed before 22 November 2020, which is the day on which the
withdrawal took effect, being a period of one (1) year after its deposit. 8
36. The instant Application having been filed before the Respondent State
deposited its notice of withdrawal of the Declaration, is thus not affected by
the said withdrawal. Therefore, the Court concludes that it has personal
jurisdiction.
37. The Court has temporal jurisdiction insofar as the alleged violations
contained in the Application were committed after the Respondent State
became a party to the Charter and the Protocol. Additionally, such alleged
violations are of a continuing nature, as the Applicant is currently serving a
life sentence in prison, which he maintains was unfairly imposed and thus
constitutes a violation of his right to a fair trial.9
7
Rule 39(1) of Rules of Court, 2 June 2010.
Cheusi v. Tanzania (judgment), supra, §§ 35-39. See also Ingabire Victoire Umuhoza v. Republic of
Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, § 67.
9 Norbert Zongo and Others v. Burkina Faso (preliminary objection) (21 June 2013) 1 AfCLR 197, §§
71-77.
8
10