vii. Find and rule that the Application is unfounded and consequently
dismiss it.
V.
JURISDICTION
12. The Court observes that Article 3 of the Protocol provides as follows:
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.
13. Under Rule 49(1) of the Rules of Court “[t]he Court shall conduct preliminary
examination of its jurisdiction […] in accordance with the Charter, the
Protocol and these Rules”.
14. Based on the above-mentioned provisions, the Court must conduct an
assessment of its jurisdiction and dispose of objections thereto, if any.
15. The Court notes that in the instant case, the Respondent State raises an
objection based on lack of material jurisdiction. The Court will thus examine
the said objection before considering other aspects of its jurisdiction.
A. Objection to material jurisdiction
16. The Respondent State contends that the jurisdiction of this Court emanates
from Article 3 of the Protocol and Rule 29 of the Rules.3 It contends that the
provisions of the afore-mentioned articles do not give the Court jurisdiction
to rule as an appellate court.
3
Rule 26 of the Rules of 2 June 2010.
5