23. Consequently, the Court dismisses the Respondent State’s objection to its
material jurisdiction and holds that it has material jurisdiction to hear this
Application.
B. Other aspects of jurisdiction
24. The Court notes that no objection has been raised to its personal, temporal
and territorial jurisdiction.
25. Having noted that nothing on record indicates that it lacks jurisdiction in
respect of these aspects:
i.
The Court observes, as regards personal jurisdiction, as indicated in
paragraph 2 of this Judgment, that on 25 March 2020, the
Respondent State deposited the instrument of withdrawal of its
Declaration. In this regard, the Court recalls its jurisprudence that the
withdrawal by the Respondent State of its Declaration has no
retroactive effect, nor does it affect cases pending at the time of the
said withdrawal or new cases brought before it prior to its entry into
force 12 months after its deposition, that is, on 26 March 2021. As
the Application was filed on 4 August 2020, that is, before the
withdrawal of the Declaration took effect, it is not affected by the said
withdrawal. Consequently, the Court finds that it has personal
jurisdiction.
ii.
The Court further notes, as regards temporal jurisdiction, that all the
alleged violations occurred after the Respondent State became a
party to the Charter and to the Protocol as mentioned in paragraph 2
of this Judgment. Consequently, the Court holds that it has temporal
jurisdiction in the instant Application.
iii. Finally, as regards territorial jurisdiction, the Court observes that the
violations alleged by the Applicant occurred in the territory of the
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