before
the
Commission.
communication
before
Once
the
the
Commission,
Applicant
he
has
has
the
withdrawn
right
to
his
approach
another forum and, in the view of this court, there is nothing untoward
about
this. The Respondent’s objection is therefore not valid, However, this finding
does
not necessarily
mean
that the application
is admissible
application must still meet other requirements of admissibility;
because
the
in particular,
the Applicant must satisfy the provisions of Article 6(2) of the Protocol, read
together with Article 56(5) of the Charter,
namely,
that he has exhausted
local remedies. This aspect is dealt with later.
The Court's Jurisdiction in terms of the Protocol
34.The jurisdiction of the Court rafione materiae
Protocol. Article 3(1) of the Protocol
is set out in Article 3 of the
provides that:
“The jurisdiction of the
Court shail extend to all cases and disputes submitted to it concerning the
interpretation
and application
relevant Human
3(2)
provides
jurisdiction,
of the
this Protocol and
any other
Rights instrument ratified by the States concerned.”
that “in the event
the
Charter,
Court
shall
of a dispute
decide”.
The
as to whether the
provision
extends to all cases and disputes, on human
is quite
Article
Court has
broad
as
it
rights issues, concerning the
interpretation and application of the Charter, the Protocol and other relevant
human
rights instruments ratified by the State concerned.
In the instant
case, the requirements of the subject matter jurisdiction have been
met, as
the rights alleged to be violated are human rights enshrined
in the Charter.