24. The Court further recalls that, as is now firmly established in its case-law, it
does not exercise appellate jurisdiction with respect to claims already
examined by domestic courts.5 However, the Court retains the power to
examine the procedures of national courts in order to determine whether
they are in conformity with the standards set out in the Charter or in any
other human rights instrument ratified by the State concerned.6
25. In the instant case, the Court notes that the Applicant alleges the violations
of rights guaranteed under Articles 2, 3, and 7(1) of the Charter, which it is
empowered to interpret and apply pursuant to Article 3(1) of the Protocol.7
26. In light of the above, the Court dismisses the Respondent State’s objection
and consequently holds that it has material jurisdiction to hear this
Application.
B. Other aspects of jurisdiction
27. The Court observes that there is no contention with respect to its personal,
temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of
the Rules,8 it must satisfy itself that all aspects of its jurisdiction are fulfilled
before proceeding to consider the matter.
28. Having noted that there is nothing on the record to indicate otherwise, the
Court concludes that:
i.
It has personal jurisdiction, in so far as the Respondent State is a
party to the Charter, the Protocol and has deposited the Declaration
5
Marthine Christian Msuguri v. United Republic of Tanzania, ACtHPR, Application No. 052/2016,
Judgment of 1 December 2022 (merits and reparations), § 25; Werema Wangoko Werema and Waisiri
Wangoko Werema v. United Republic of Tanzania (merits) (7 December 2018) 2 AfCLR 520, § 29 and
Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, §§ 14-16.
6 Cheusi v. Tanzania (judgment), supra, § 32; Werema and Werema v. Tanzania, ibid, § 29 and Alex
Thomas v. United Republic of Tanzania, (merits) (20 November 2015) 1 AfCLR 465, § 130.
7 Chananja Luchagula v. United Republic of Tanzania (admissibility) (25 September 2020) 4 AfCLR 561,
§§ 25-28; and Actions pour la Protection des Droits de l’Homme (APDH) v. Republic of Côte d’Ivoire
(merits and reparations) (18 November 2016) 1 AfCLR 668, §§ 47-65.
8 Rule 39(1) of Rules of Court, 2 June 2010.
7