lacks jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules,8 the
Court must satisfy itself that all aspects of its jurisdiction are met.
25. In relation to its personal jurisdiction, the Court recalls its jurisprudence that
the withdrawal of the Declaration does not apply retroactively and only takes
effect 12 months after the notice of such withdrawal has been deposited, in
this case, on 22 November 2020.9 Having been filed before the said date,
the present Application is thus not affected by the withdrawal.
Consequently, the Court holds that it has personal jurisdiction.
26. Regarding its temporal jurisdiction, the Court observes that the alleged
violations are based on proceedings arising from the decisions of the
domestic courts that is, the High Court judgment of 18 March 2005, Court
of Appeal judgment of 27 October 2009, and the review decision of the Court
of Appeal of 18 August 2017. The proceedings before the Court of Appeal
were conducted after the Respondent State had ratified the Protocol.
Furthermore, the Applicant remains incarcerated, serving a death sentence
that he claims resulted from an unfair trial.10 Consequently, the Court holds
that the alleged violations are continuing in nature, thus conferring it with
temporal jurisdiction to scrutinize the related claims.11
27. With regard to its territorial jurisdiction, the Court holds that it has territorial
jurisdiction, as the alleged violations occurred in the territory of the
Respondent State.
28. In light of all the above, the Court holds that it has jurisdiction to determine
the present Application.
8 Rule 39(1) of Rules of Court, 2 June 2010.
9 Cheusi v. Tanzania (judgment), supra, §§ 37-39.
10 Tanganyika Law Society and Legal and Human Rights Centre v. United Republic of Tanzania (merits)
(14 June 2013) 1 AfCLR 34, § 84; African Commission on Human and Peoples’ Rights v. Republic of
Kenya (merits) (26 May 2017) 2 AfCLR 9, § 65; Ivan v. Tanzania (merits and reparations), supra, § 29.
11 Norbert Zongo and Others v. Burkina Faso (preliminary objections) (21 June 2013) 1 AfCLR 197, §
68; and Igola Iguna v. United Republic of Tanzania, ACtHPR, Application No. 020/2017, Judgment of 1
December 2022 (merits and reparations), § 18.
8