VI.
JURISDICTION
20. 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
instrument ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
21. Pursuant to Rule 49(1) of the Rules, it “shall conduct a preliminary
examination of its jurisdiction […] in accordance with the Charter, the
Protocol and these Rules.”7
22. In view of the foregoing, the Court must conduct an assessment of its
jurisdiction and dispose of objections thereto, if any.
23. The Court notes that, even though nothing on the record indicates that it
lacks jurisdiction, it is obligated to determine if it has jurisdiction to consider
the Application.
24. Regarding its material jurisdiction, the Court has previously held that Article
3(1) of the Protocol empowers it to examine an Application provided that it
contains allegations of violations of rights protected by the Charter, or any
other human rights instruments ratified by the Respondent State.8 Given
that the present Application contains allegations of violations of the rights
guaranteed under Article 3 of the Charter, the Court concludes that it has
material jurisdiction to examine this Application.
7
Rule 39(1), Rules of Court, 2 June 2010.
Alex Thomas v. United Republic of Tanzania (merits) (2015) 1 AfCLR 465, § 45; Oscar Josiah v. United
Republic of Tanzania (merits) (28 March 2019) 3 AfCLR 83, § 24.
8
6