17. As regards notification of the application and the pleadings, the Court recalls
that in the instant case, the Application and the pleadings were served on
the Respondent State on 9 September 2020 for its Response within 90
days. The Court finds that the Respondent State was duly notified.
18. As regards the second condition relating to the Respondent State failing to
enter an appearance or to file a response, the Court notes that the
Respondent State was not represented in the present proceedings and it
also failed to file a response to the Application notwithstanding that it was
granted an initial time-limit of 90 days and extension of 45 days
subsequently. The Court finds that the Respondent State thus failed in its
obligation to defend its case.
19. Finally, the Court notes that Rule 63(1) of the Rules empowers it to render
a judgment in default either on its own motion or at the request of the other
party. In the instant case, the Court decides suo motu in the interests of
justice, to render a default judgment.
20. In light of the foregoing, the Court renders this judgment by default.3
VI.
JURISDICTION
21. The Court notes that Article 3 of the Protocol provides that:
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.
3 Fory v. Côte d’Ivoire supra, § 15-21.
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