V.
JURISDICTION
19. The Court notes that Article 3 of the Protocol reads as follows:
1. [t]he 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.
2. In the event of a dispute as to whether the Court has jurisdiction, the Court
shall decide.
20. Under Rule 49(1) of the Rules of Court “[t]he Court shall conduct preliminary
examination of its jurisdiction […] in accordance with the Charter, the Protocol
and these Rules”.
21. Based on the above-mentioned provisions, the Court must, in each application,
make a preliminary examination of its jurisdiction and rule on objections
thereto, if any.
22. The Court notes that the Respondent State does not contest the jurisdiction of
the Court. However, the Court must satisfy itself that it has jurisdiction to hear
the Application.
23. Having found that nothing on record indicates that it lacks jurisdiction, the Court
finds that it has:
i.
Material jurisdiction, insofar as the Applicant alleges a violation of
Articles 6, 7(1)(a)(b)(c) and 8 of the Charter and Article 14 of the
ICCPR, human rights instruments to which the Respondent State is
a Party.
ii.
Personal jurisdiction, insofar as the Respondent State is a party to
the Charter, the Protocol and has deposited the Declaration which
allows individuals and Non-Governmental Organisations having
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