22. The Court recalls that under Article 3(1) of the Protocol, it has jurisdiction to examine “all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned”.6 23. In the present Application, the Court notes that the Applicant has alleged violations of provisions of the Charter, specifically, Article 3(1)(2) of the Charter on the right to equality before the law and equal protection of the law; Article 5 of the Charter on the right to dignity and Article 7 of the Charter on the right to fair trial. The Court notes that these rights are protected by the Charter and the International Convention on Civil and Political Rights (hereinafter referred to as “ICCPR”) to which the Respondent State is a party. 24. With regard to the objection that this Court would be sitting as a court of first instance if it were to adjudicate over matters which the Applicant never raised during his trial, namely the caution statement, this Court observes that one of the two grounds of appeal raised by the Applicant at the Court of Appeal was that the “trial judge grossly erred in law and fact by basing his conviction on the caution statement”. As such it cannot be said that these matters are being raised before the Court for the first time as the Court of Appeal already pronounced itself on the same at pages 15-17 of the judgement. Consequently, the Respondent State’s objection in this regard is dismissed. 25. Finally, on the objection to this Court sitting as an appellate court, it recalls its established case-law that although it is not an appellate body with respect to decisions of national courts,7 this does not preclude it from examining proceedings of the said courts in order to determine whether they were conducted in accordance with the standards set out in the Charter or any 6 See, for instance, Cheusi v. Tanzania, (judgment) supra, §§ 37-39; Kalebi Elisamehe v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 265, § 18; Gozbert Henrico v. United Republic of Tanzania, ACtHPR, Application No. 056/2016, Judgment of 10 January 2022 (merits and reparations), §§ 38-40. 7 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14. 8