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in the Charter or any other human rights instruments ratified by the State
concerned."3
26. ln the instant case, the Court flnds that the Applicant alleges that his rights under
Articles 2 and 3 of the Charter have been violated.
27. Accordingly, the Respondent state's objection in this regard is dismissed and the
Court therefore holds that it has material jurisdiction.
B. Other aspects of jurisdiction
28.
The Court notes that its personal, temporal and territorial jurisdiction have not
been contested by the Respondent state, and that nothing on record indicates
that it does not have jurisdiction. The Court therefore holds that:
(i) it has personaljurisdiction given that the Respondent State is a party to the
Protocol and has deposited the Declaration required under Article 34(6) thereof,
which enables individuals to institute cases direcfly before it, in terms of Article
5(3) of the Protocol.
(ii) it has temporal jurisdiction in view of the fact that the alleged violations are
continuous in nature since the Applicant remains convicted on the basis of what
he considers as irregularities4; and
(iii) lt has territorial jurisdiction given that the facts of the matter occurred within
the territory of a State Party to the Protocol, that is, the Respondent State.
29.
From the foregoing, the Court holds that it has jurisdiction
3 Alex Thomas v Tanzania (merits) (2015) 1 ArcLR 465 g 130;
see also Mohamed Abubakari v
Tanzania (merits) (2016) 1 ArcLR 599 S 29; chistopher Jonas v Tanzania (Merits), g 28, Apptication
No. 003/2014, Judgment ot 24111120'17 (Merits), tngabire Victoire umuhoza
v. Repibtic oi'Rwanda
(lngabhe Umuhoza v Rwanda (Merits)), g 52.
4 Beneficiaries of late Norbert Zongo, Abdoutaye Nikiema atias Abtasse, Ernest
Zongo, Blaise boudo
and Mouvement Burkinabe des Droits de I'Homme et des Peuptes v Burkina Faso (preliminary
objections) (2013) 1 AfCLR 197 g 71 to 77
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