conjugal relationship or compelled to remain bound [by the bonds
of marriage] for reasons that do not fall within the scope of public
law;
c)
Establish the particulars of the crime of adultery, even if in general
terms, to respect the principle of legality of crimes;
d)
Raise awareness among investigating magistrates, judges and
law enforcement officials of the crucial importance of the right to
liberty and compliance with the principles of a fair trial;
e)
Establish a serious and effective penalty to be applied against the
above-mentioned officials who do not comply with human rights
requirements.
20. The Respondent State prays the Court to:
i.
Find that it lacks jurisdiction;
ii.
Find that the Applicant did not exhaust local remedies;
iii. Find that the Applicant did not adduce any evidence of a human rights
violation;
iv. Find that the subject-matter of the Application infringes the Respondent
State’s sovereignty; and
v. Declare the Application inadmissible in form and substance.
V.
JURISDICTION
21. The Court notes that 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.
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