iii. Order the Applicants to pay costs.
V.
JURISDICTION
16. Article 3 of the Protocol provides:
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.
17. The Court observes that pursuant to Rule 49(1) of the Rules,6 it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”
18. Based on the above-cited provisions, the Court must, in every Application,
preliminarily ascertain its jurisdiction and rule on objections thereto, if any.
19. The Court notes that the Respondent State does not raise any objection to
its jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules, the Court
must satisfy itself that all aspects of its jurisdiction are fulfilled before
proceeding.
20. The Court finds that it has material jurisdiction, insofar as the Applicants
allege a violation of their rights guaranteed by Articles 3(1) and (2) of the
Charter, Article 26 of the ICCPR, and Article 13(2) of the ICESCR,
instruments to which the Respondent State is a Party.7
6
Formerly, Rule 39(1), Rules of Court, June 2010.
The Respondent State became a party to the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights on 16 July 1974.
7
7