accordance with the international standards set out in the Charter or other
applicable human rights instruments2.
29. Be that as it may, the Applicant alleges violation of the rights gr.raranteed by
the Charter.
30.The Court therefore dismisses the objection raised by the Respondent in this
regard, and holds that it has materialjurisdiction.
ii)
Ather aspects of jurisdiction
31. The Court notes that its personal, temporal and territorialjurisdiction has not
been contested by the Respondent, and nothing in the file indicates that the
Court does not have jurisdiction. The Court therefore, holds that:
(i) it has jurisdiction ratione personae given that the Respondent is a
party to
the Protocol and
has deposited the declaration required
under Article 34 (6) thereof, which enables individuals to institute
cases directly before it, in terms of Article 5(3) of the Protocol
(ii) it has jurisdiction ratione temporis in terms of the fact that the
alleged violations are continuous in nature since the Applicant
remains convicted on the basis of what he considers as
irregularities3
;
(iii) it has jurisdiction
rationae loci given that the facts of the matter
occurred on the territory of a State Party to the Protocol, that is, the
Respondent.
32^ From
the foregoing, the Court concludes that it has jurisdiction and
is
therefore competent to hear the instant case.
2 Alex Thomas v. United Republic of Tanzania (Application No. 005 of 2013), Judgment of 20 November
2015, paragraph 130 and Mahamed Ahubakari v. United Republic of Tanzania (Application No. 003 of
2012), Judgment of 3 June 2016, paragraph 29
3 Zongo and Others v. Burkina Faso, pr:elimina
s
une 2013,
ry objections, Judgment of
tG
71 to 77.
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