Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
in its decision, rejected the objection, holding that it had material jurisdiction because
the Applicants had alleged violations of their rights, protected under Articles 4, 5,
7(1)(c), 7(1)(d) and 7(1) of the Charter.
Although other aspects of jurisdiction were not contested by the Respondent State,
the Court examined them as required by its Rules. In this regard, the Court found that
it had personal jurisdiction since, on 29 March 2010, the Respondent State deposited
the Declaration provided for under Article 34(6) of the Protocol. This Declaration allows
individuals to file applications against the Respondent State as per Article 5(3) of the
Protocol. The Court underscored that the Respondent State’s withdrawal of its
Declaration on 21 November 2019 did not affect the Consolidated Applications, as the
withdrawal took effect on 22 November 2020, while the Applications were filed at the
Court on 21 August 2019.
Furthermore, the Court held that it had temporal jurisdiction as the alleged violations
occurred after the Respondent State had become a party to the Protocol. Lastly, it
found that it had territorial jurisdiction, given that the facts of the matter occurred within
the territory of the Respondent State.
The Court then determined whether the Application was admissible as provided for
under Article 6(2) of the Protocol and Article 56 of the Charter, the latter as restated in
Rule 50(2) of the Rules. In this regard, the Respondent State raised an objection to
the admissibility of the application in relation to the non-exhaustion of local remedies
by the Applicants. In its decision, the Court held that the Applicants had appealed the
decision of the High Court convicting them of murder to the Court of Appeal, the
highest judicial organ of the Respondent State. The Court of Appeal delivered its
judgment on 4 April 2019, dismissing the Applicants’ appeal. Accordingly, the
Applicants had, therefore, exhausted local remedies in compliance with Rule 50(2)(e)
of the Rules.
2