Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
instruments ratified by the State concerned. In conducting the aforementioned task, the Court
held, it does not thereby become an appellate court.
Concerning the Respondent State’s objection that the Applicant did not demonstrate any link
between the faulted proceedings of its domestic courts and the alleged human rights violation.
the Court held that this is an issue to be dealt with on the merits and not in relation to the
determination of its jurisdiction.
As to the Respondent State’s objection that the Court lacked jurisdiction to quash the entire
proceedings before the trial and appellate courts, the Court recalled Article 27(1) of the
Protocol, and concluded that it has jurisdiction to grant different types of reparations, including
an order to declare proceedings in the national courts null and void, an order to annul a
conviction and sentence, and to order the release of an Applicant from prison, provided that
the alleged violation has been established.
The Court further noted that given that the alleged violations presented before it pertained to
rights enshrined in the Charter, to which the Respondent State is a Party, it possessed the
necessary material jurisdiction to examine the Application.
For these reasons, the Court dismissed the objection raised by the Respondent State to its
material jurisdiction.
Although other aspects of its jurisdiction were not challenged by the Respondent State, the
Court nevertheless examined them. 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, which 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 the said Declaration, on 21 November 2019, did not
affect this Application as the withdrawal took effect on 22 November 2020, which was after
this Application had been filed, on 17 December 2019.
The Court also 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
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