V.
JURISDICTION
18. The Court notes that Article 3 of the Protocol provides as follows:
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. In the event of a dispute as to whether the Court has jurisdiction, the
Court shall decide.
19. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”3
20. On the basis of the above-cited provisions, the Court must, in every
Application, preliminarily ascertain its jurisdiction and rule on the objections
to its jurisdiction, if any.
21. In the present Application, the Court notes that the Respondent State raises
an objection to its material and temporal jurisdiction. The Court will first
consider the said objections before examining other aspects of its
jurisdiction, if necessary.
A. Objection to material jurisdiction
22. The Respondent State submits that the Court is not vested with material
jurisdiction to adjudicate the Application, namely, to quash the conviction
and order the release of a convict. It avers that Article 3(1) of the Protocol
and Rule 26 of the Rules of Court4 only grant the Court jurisdiction to deal
with cases or disputes concerning the application and interpretation of the
3
4
Rule 39(1), Rules of Court, 2 June 2010.
Rule 29 of the Rules of 25 September 2020.
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