That the conviction and sentence pronounced in Criminal Case No. 35/2010 was lawful; vi. That all aspects of the prosecution in Criminal Case No. 35/2010, Criminal Appeal No. 9/2011 and Criminal Appeal No. 179/2011 were conducted in accordance with the law; vii. That the detention order issued against Mr. Penessis is lawful; vili. That the deportation order issued against Mr. Penessis is lawful; That the Government of the United Republic of Tanzania has not Republic has violated Mr. Penessis’ right to liberty; That the Government of the United of Tanzania not violated Mr. Penessis’ right to be heard; xi. That the Government of the United Republic of Tanzania has not violated Mr. Penessis’ right to defend himself; xii. V. That the Application be dismissed.” JURISDICTION 24. The Court observes that Article 3 of the Protocol provides as follows: “(1) 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. (2) In the event of a dispute as to whether the Court has jurisdiction, the Court shall A—r» VV yn J ~N Hi ts decide’.

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