00t307 V. JURISDICTION l9.Pursuant to Article 3 (1) of the Protocol, the material jurisdiction of the Court extends to "all cases and disputes submitted to it concerning the interpretation and application of the Charter, the Protocol and other relevant human rights instruments ratified by the State concerned". ln terms of Rule 39 (1) of the Rules, "the Court shall conduct preliminary examination of its jurisdiction...". 20. The Respondent State raises an objection to the material jurisdiction of the Court A. Objection to material jurisdiction 21.The Respondent State avers that this Court has no appellate jurisdiction to determine matters of fact and law which are finalised by the Court of Appeal, the highest court in Tanzania. ln this regard, it claims that the matter relating to the credibility of the witnesses that the Applicant mentioned in his Application were issues of evidence which were determined with finality by the Court of Appeal. The Respondent State argues that this Court thus has no jurisdiction to review such a decision of the Court of Appeal or quash the Applicant's conviction and order his release from prison. 22.fhe Applicant contends that although this Court is not an appellate court, it has jurisdiction to determine matters of fact and law when the rights violated by the Respondent State are protected by the Charter and other human rights instruments to which the Respondent State is a party. The Applicant avers that this Court has jurisdiction to examine the relevant proceedings in the domestic courts in order to determine whether such proceedings were in accordance with the standards set out in the Charter and other human rights instruments ratified by the Respondent State. .i-r\'!. \-t- -.---) 6 4--= 7 ,l c