v.
JURISDICTION OF THE COURT
20.ln terms of Rule 39 (1) of its Rules, the Court "... shall conduct
preliminary examination of its jurisdiction ..."
21. The Court notes that the Respondent does not contest its jurisdiction.
However, it notes that even if the Respondent has not raised objection
regarding its jurisdiction, it must, of its own motion, satisfy itself that it
has material, personal, temporal and territorial jurisdiction to hear the
Application.
22.As regards material jurisdiction, Article 3 (1) of the Protocol provides
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".
23. The Court notes that the violations alleged by the Applicants all relate
to the Charter and the Covenant,
instruments to which the
Respondent is a Party. It therefore holds that it has the material
jurisdiction to examine the instant case.
24.As regards the other aspects of its jurisdiction, the Court holds that:
(i) it has personal jurisdiction given that the Republic of Mali is a Party to
the Protocol, and
has also deposited the declaration prescribed under
Article 34 (6) cited above (supra paragraph 2);
(ii) it has temporal jurisdiction given that the alleged violations occurred
after the entry into force of the afore-mentioned instruments in respect of
the Respondent (supra paragraph 2);