21. In the instant case, the Applicant alleges the violation of the right to defence
and the right to a fair trial protected under the Charter to which the
Respondent State is a party.
22. The Court further reiterates that, while it does not exercise appellate
jurisdiction with respect to decisions of domestic courts, it is empowered by
the provisions of Article 3(1) of the Protocol to ensure that domestic
proceedings are in compliance with international standards set out in the
Charter and any other human rights instruments ratified by the Respondent
State.4
23. From the foregoing, the Court dismisses the objection to jurisdiction and
finds that it has material jurisdiction to hear the Application.
B. Other aspects of jurisdiction
24. The Court notes that there is no contention regarding its personal, temporal
or territorial jurisdiction. Even so, it must satisfy itself that these aspects
have been met.
25. The Court notes, with respect to its personal jurisdiction that, as earlier
stated in paragraph 2 of this Judgment, the Respondent State is a party to
the Protocol and on 29 March 2010, it deposited with the African Union
Commission, the Declaration made under Article 34(6) of the Protocol.
Subsequently, on 21 November 2019, it deposited an instrument
withdrawing its Declaration.
26. The Court recalls its jurisprudence that, the withdrawal of a Declaration
does not apply retroactively and only takes effect one (1) year after the date
of Tanzania, ACtHPR, Application No. 017/2017, Judgment of 22 September 2022 (jurisdiction and
admissibility), §§ 21.
4 Kenedy Ivan v. United Republic of Tanzania (merits) (March 2019) 3 AfCLR 48, § 26; Armand Guehi
v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Nguza
Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March
2018) 2 AfCLR 287, § 35.
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