21. The Respondent State concludes that the Court lacks material jurisdiction
to hear the Application.
*
22. In reply, the Applicant submits that the objection be dismissed, arguing that
it is not a question of the Court reviewing the legality of a domestic decision,
but rather of finding a manifest violation of human rights contained in a
judicial act. He asserts that the Court has jurisdiction to assess whether the
order dismissing the case was made in accordance with the requirements
of the Charter and any other international human rights instrument, which
are an integral part of domestic law and are therefore binding on the
Respondent State’s courts.
23. He further contends that the Court has jurisdiction to ascertain if an amnesty
law is consistent with the international conventions ratified by the
Respondent State.
***
24. The Court recalls that the Respondent State advances two arguments in
support of its objection to material jurisdiction, namely, (1) the Court is not
an appellate body in relation to its domestic courts and (2) it cannot annul
the amnesty law.
i.
25.
Objection based on the Court not being an appellate court
The Court reiterates its established jurisprudence that it is not a court of
appeal against decisions given by national courts.5 However, “this does not
preclude it from examining the relevant proceedings in the national courts
in order to determine whether they are in accordance with the standards set
out in the Charter or in any other human instrument ratified by the State
concerned”.6
5 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
6 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 130.
8