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
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ts
decide’.