c'cogrrs
V.
JURISDICTION
29. Pursuant to Article 3 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 instruments ratified by the
States concerned."
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ln accordance with Rule 39(1) of the Rules, "the court shalt conduct preliminary
examination of its jurisdiction
31. The Respondent state
contends that the Application has not invoked the
jurisdiction of the Court but does not specify which aspect of jurisdiction is
referred to.
32. The Applicant on his part avers that the Court has jurisdiction
without
substantiating his contention.
33.
Having conducted a preliminary examination on its jurisdiction and noting futher
that there is no indication on file that it does not have jurisdiction, the Court holds
that:
It has materialjurisdiction given that the Application raises alleged
violations of the Charter to which the Respondent State is a party.
It has personaljurisdiction given that the Respondent State is a party
to the Protocol and has made the declaration prescribed underArticle
34 (6) of the Protocol, which enabted the Applicant to bring this
Application directly before this Court, pursuant to Article 5(3) of the
Protocol.
ilt
It has temporaljurisdiction as the alleged violations which gave rise
to this Application occurred before the Respondent State became a
party to the Protocol and deposited the declaration but continued
thereafte
(-,
)
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