17. The Respondent State further contends that Article 3 of the Protocol does
not empower the Court to exercise appellate jurisdiction and to hear
matters, review the judgments of the Court of Appeal, assess the evidence,
quash the conviction and sentence, and release the Applicant.
*
18. In his Reply, the Applicant submits that his application is predicated
primarily on the fact that he was wrongly convicted and sentenced to thirty
(30) years’ imprisonment, and that the judicial hierarchy of the Respondent
State, therefore, wrongfully and unlawfully deprived him of his rights.
19. He further contends that for the above-mentioned reasons, and given that
the Respondent State in the present case is a State Party to the Charter,
the Court has jurisdiction to examine the Application. Furthermore, he
submits that insofar as the Application raises substantive human rights
issues under the Charter, the Respondent State is bound to respect and
protect those rights.
***
20. The Court recalls that under Article 3(1) of the Protocol its jurisdiction
extends to “all cases and disputes submitted to it concerning the
interpretation and application of the Charter, the Protocol and any other
relevant human rights instrument ratified by the States concerned.”
21. The Court underscores that, for it to assume material jurisdiction, it is
sufficient that the Applicant alleges violations of human rights protected by
the Charter or by any other human rights instrument ratified by the
Respondent State.4 In the present case, the Applicant alleges violations of
Articles 3(1)(2) and 7(1)(c) of the Charter.
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.
6