23. The Court recalls that, under Article 3(1) of the Protocol, it is has jurisdiction
to examine “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”.
24. The Court emphasizes that for it to assume material jurisdiction, it is
sufficient that the Applicant alleges violations of human rights protected by
the Charter or any other human rights instrument ratified by the Respondent
State.4 In the present case, the Applicant alleges violation of Articles 2,
3(1)(2), and 7(1)(c) of the Charter.
25. The Court recalls its established jurisprudence, that it is not an appellate
court in respect of decisions handed down by national courts.5 However,
“this does not preclude it from examining relevant proceedings in the
national courts in order to determine whether they are in accordance with
the standards set out in the Charter or by other human instruments ratified
by the States concerned”.6 The Court would therefore not be acting as an
appellate court if it were to examine the Applicant’s allegations.
26. In view of the above, the Court dismisses the Respondent State’s objection
and holds that it has material jurisdiction to examine the present Application.
B. Other aspects of jurisdiction
27. The Court notes that the Respondent State does not contest its personal,
temporal or territorial jurisdiction. Having found that nothing on record
indicates that it lacks jurisdiction in these respects, the Court considers that
it has:
4
Diocles William v. United Republic of Tanzania (merits and reparations) (21 September 2018) 2 AfCLR
426, § 28; Armand Guéhi v. United Republic of Tanzania (merits and reparations) (7 December 2018)
2 AfCLR 477, § 33; Kalebi Elisamehe v. United Republic of Tanzania (merits and reparations) (26 June
2020) 4 AfCLR 265, § 18.
5 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
6 Kennedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48,
§ 26; Guéhi v. Tanzania, supra, §§ 33.
7