Court of Appeal.
compounded
The Applicant
maintains that these
delays were
by the dilatory conduct of the state in providing the
record of proceedings of the trial courts which hampered his ability
to file his appeal. The Applicant maintains that this also violated his
right to receive information and his right to freedom of expression.
43.
The
Applicant
also
argues
that,
the
Court
has jurisdiction
ratione personae and that he is entitled to file an Application before
the Court on the basis that he is a citizen of the United
Tanzania,
and the Respondent
Republic of
State has ratified the Protocol and
filed a declaration allowing direct access for individuals to file cases
before this Court.
44.
TheApplicant further asserts that, the Court has held a similar
view
on
its
jurisdictional
requirements
in
Application
Number
001/2012 Frank David Omary and Others v The United Republic of
Tanzania and Application Number 003/2012 Peter Joseph Chacha v
The United Republic of Tanzania.
Jurisdiction ratione materiae
45.
Court
The Court considers that the Respondent's objection that ‘the
lacks
jurisdiction
because
‘the
Applicant
improperly
cites
Articles 5 and 34(6) of the Protocol and Rule 33 of the Rules of Court
and that the Articles only provide him standing before the Court”
lacks
merit.
The
Court finds that as
violated are protected
instrument
ratified
jurisdiction
over the
long
as the
rights allegedly
by the Charter or any other human
by the
matter.
State
The
concerned,
the
Court will have
Court first elaborated
A
ee
rights
on this in
ku
19
AIC