12. For its part, the Respondent State prays the Court to:
On procedure:
i.
Primarily, declare that it lacks jurisdiction;
ii.
In the alternative, declare the Application inadmissible.
On the merits, in the alternative, :
iii.
V.
Dismiss the Application for lack of violation of the Applicants’ rights.
JURISDICTION
13. The Court notes that Article 3 of the Protocol provides:
1.
The jurisdiction of the Court shall extend to 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.
2.
ln the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
14. Under Rule 49(1) of the Rules of Court “The Court shall ascertain its
jurisdiction [...] in accordance with the Charter, the Protocol and these
Rules”.
15. Based on the above-cited provisions, the Court, in every application, must
conduct a preliminary assessment of its jurisdiction and dispose of
objections thereto, if any.
16. The Court notes that the Respondent State raises an objection to its
material jurisdiction on the ground that the Application infringes its national
sovereignty. The Court will rule on this objection before deciding on the
other jurisdictional requirements.
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