V.
JURISDICTION
20. The Court recalls that Article 3 of the Protocol provides that:
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.
21. The Court further recalls that pursuant to Rule 49(1) of the Rules, it “shall
preliminarily ascertain its jurisdiction … in accordance with the Charter, the
Protocol and these Rules.”3
22. On the basis of the above-cited provisions, the Court must preliminarily, in
every Application, establish its jurisdiction and dispose of objections
thereto, if any.
23. In both Applications, the Court observes that the Respondent State raises
the same objection to the Court’s material jurisdiction. The Court will thus,
preliminarily, address the objections to its material jurisdiction before
considering other aspects of jurisdiction, if necessary.
A. Objection to material jurisdiction
24. The Court notes that Respondent State’s objections in both Applications
contest the jurisdiction of the Court on the ground that it is neither a court
of first instance nor an appellate court.
25. In respect of the contention that the Court is not a court of first instance, the
Respondent State argues that by raising fresh allegations before the Court
3
Rule 39(1), Rules of Court, 2 June 2010.
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