000t 3 $ 32. Pursuant to Articte 3 (1) of the protocot and Rute 26 (1) (a) of the Rutes, the material jurisdiction of the Court extends to "all cases and disputes submitted to it concerning the interpretation and application of the Charter, the protocol and other relevant human rights instruments ratified by the state concerned.,' 33. Going by these provisions, the Court exercises its jurisdiction over an Application as long as the subject matter of the Application involves aileged violations of rights protected by the Charter or any other international human rights instruments ratified by a Respondent State.l 34. The court is obviously not an appellate court to uphold or reverse the judgments of domestic courts based merely on the way they examined evidence to arrive at a particular conclusion.2 lt is also well-established in the jurisprudence of the Court that where allegations of violations of human rights relate to the manner in which domestic courts examine evidence, the Court has jurisdiction to assess whether such examination is consistent with international human rights standards.3 35' ln the instant Application, the Court notes that the Applicant raises issues relating to alleged violations of human rights protected by the Charter. The Court further notes that the Applicant's allegations essentially relate to the way in which the domestic courts of the Respondent State evaluated the evidence. However, this does not preclude the Court from making a determination on the allegations. The Respondent State's objection that the instant Application would require this Court to sit as an appeal court and re-examine the evidence on the basis of which the Applicant was convicted by the national courts is thus dismissed. 36. The Court therefore finds that it has material jurisdiction to examine the Application. 1 Application No. OO3/2014 Ruling on Admissibil ity 281312014, Peter Joseph Chacha v tJnited Republic of Tanzania, para. 114 Application No. 001/201 . Judgment on Merits, 1S1O31ZO1S, Ernest Francis Mtingwi v The Republic of Malawi , para. 14 ,Application No. 005/2013. Judgment on Merits 2O/11/ZO1 5, Alex Thomas v. lJnited Republic of Tanzania, (hereinafter referred to as "the Atex Thomas Judgment"), para 130, Application No 00712013. Judgment on Merits, 2010512016, Mohamed A bubakari v. United Republic of Tanzania (hereinafter referred to as, "Mohamed Abubakari judgment, ra.26 9

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