WUUTN
That the Application has not met the admissibility requirements
stipulated under Rule 40(6) of the Rules of the Court and be declared
inadmissible.
That the Application be dismissed in accordance to Rule 38 of the
IV
Rules of Court
15. The Respondent
"
State prays the Court to find that it has not violated Articles 1,
2,3, 4,5, 7(c) and 7(2) of the Charter. lt further prays the court to:
Dismiss the Application for lacking merit.
That the Applicant should not be released from prison
The Applicant's prayer for reparations be dismissed.
V.
16.
JURISDICTION
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
concerning the interpretation and application of the Charter, this Protocol and
it
any other relevant Human Rights instrument ratified by the States concerned.
2. ln the event of a dispute as to whether the Court has jurisdiction, the Court
shall decide."
17.
The Court further observes that in terms of Rule 39(1) of the Rules "[T]he Court
shall conduct preliminary examination of its jurisdiction ..."
18. On the basis of the above-cited provisions, therefore, the Court
must,
preliminarily, conduct an assessment of its jurisdiction and dispose of objections,
if any, to its jurisdiction.
5
d