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.
26.Furthermore, Article 39(1) of the Rules stipulates that: "The Court shall conduct
preliminary examination of its jurisdiction..."
27. After a preliminary examination of its jurisdiction and having found that there is
nothing on file indicating that it does not have jurisdiction in this case, the Court
finds that it has:
material jurisdiction, insofar as the Applicant alleges the violation of
the
rights protected by the Charter and other relevant human rights instruments
ratified by the Respondent State, namely, the ICCPR and ICESCR to which
the Respondent State is a party® as well as the UDHR.®
ii.
personal jurisdiction, insofar as, as stated
above, the effective date of the
withdrawal of the Declaration by the Respondent State is 1 March 2017.”
iii. | temporal jurisdiction,
insofar as the violations
alleged
in the Application
were committed as from 13 April 2010, that is, after the entry into force of
the Charter for the Respondent State (31 January 1992), the ICCPR
ICESCR
and
(16 April 1975) and the Protocol (25 January 2004): and the said
alleged violations have continued
iv. _ territorial jurisdiction in as much
to date.
as the facts of the case and the alleged
violations occurred in the territory of the Respondent State.
28.In view of foregoing, the Court holds that it has jurisdiction to hear the instant
case.
5The Respondent State became a party to ICCPR and ICESCR on 16 April 1975.
8 See Anudo Ochieng Anudo v. United Republic of Tanzania (Merits) (2018) 2 AfCLR 248, § 76; Thobias
Mang’ara Mango and Shukurani Masegenya Mango v. United Republic of Tanzania (Merits) (2018) 2
AfCLR 314, §33.
7 See paragraph 2 of this Judgment.