v. Make any other Order this Court might deem right and just under the prevailing circumstances. V. JURISDICTION 19. 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. 20. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall conduct a preliminary examination of its jurisdiction […] in accordance with the Charter, the Protocol and these Rules.” 21. In view of the foregoing, the Court must conduct an assessment of its jurisdiction and dispose of objections thereto, if any. 22. In the present Application, the Court notes that the Respondent State raises an objection to its material jurisdiction. The Court will, therefore, first examine this objection before considering other aspects of its jurisdiction, if necessary. A. Objection to material jurisdiction 23. The Respondent State argues that the present Application is inviting the Court to sit as an appellate court and ultimately revise the judgment of the Respondent State’s Court of Appeal by re-assessing the evidence, quashing the conviction, setting aside the sentence and setting the Applicant at liberty. The Respondent State submits that this is not within the 6

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