25. ln their Reply,
the Applicants contend that the jurisdiction of the Court is
defined by Article 3(1) of the Protocol which provides that 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; that in
promulgating the Family Code, some provisions of which are inconsistent
with the ratified treaties, the Respondent State violates the said treaties; that,
in other words, the Court is prayed to elucidate the imptications for domestic
laws, of the ratification of treaties by a State; that the Court is further prayed to
make a determination on the application of the said treaties in Mali.
26.
The Applicants maintain, in conclusion, that, by virtue of Article 3(1) of the
Protocol, the Court is vested with the jurisdiction to interpret and apply the
treaties ratified; and therefore pray the Court to dismiss the objection to its
materialjurisdiction raised by the Respondent State.
***
27.
The Court notes that its material jurisdiction is based on Article 3(1) of the
Protocol and that, in the instant case, the alleged violation of rights relates to
the human rights guaranteed by the Charter and other instruments ratified by
the Republic of Mali.
28.
B
Consequently, the Court holds that its materialjurisdiction is established, and
dismisses the objection in this respect.
Other aspects of jurisdiction
29.
The Court notes that its personal, temporal and territorial jurisdiction is not
contested by the Respondent State, and that nothing on file indicates that it
does not have jurisdiction. Consequenfly, it holds that:
it has personaljurisdiction given that the Respondent state is a
Party to the Protocol and has fired the Declaration prescribed
under Article 34 (6) of the Protocor; and that the Applicants have
Observer Status before the Commission;
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