A. Objections to material jurisdiction
25. The Respondent State argues that the Court’s jurisdiction emanates from
Article 3(1) of the Protocol and Rule 26 of the Rules of Court, which state
that “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.” It asserts that while the Protocol and Rules of the Court
grant the Court jurisdiction, it is not an unlimited jurisdiction. The Court can
only be approached for matters that have already been decided upon by
domestic courts and cannot be seized for any other reason.
26. The Respondent State asserts that, in the instant Applications, however, the
Applicants request the Court to sit as a court of first instance on matters that
were not raised at the domestic level and as an appellate court on issues
which have been determined with finality by its highest Court. In this regard,
the Respondent State contends that the Second Applicant’s allegations that
he was not afforded legal assistance during trial and that his right to defence
was violated were never raised by the Applicant and heard by its national
courts. Accordingly, it submits that the Court lacks jurisdiction to hear the
Applications.
27. The Applicants dispute the Respondent State’s submissions and assert that
the Court has jurisdiction to consider and determine their Applications
pursuant to Article 3 of the Protocol and Rule 26 of the Rules. The First
Applicant specifically argues that the Court exercises its jurisdiction over an
application as long as the complaints relate to the principles of human and
peoples’ rights and freedoms contained in the Charter.
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28. The Court recalls that by virtue of Article 3(1) of the Protocol, it has
jurisdiction to examine any application submitted to it provided that the rights
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