alleged violations are of rights guaranteed in the Charter, the Protocol or
any other human rights instruments ratified by the Respondent State.5
25. In the instant case, the Applicant alleges the violation of the right to a fair
trial which is protected under Article 7 of the Charter, to which the
Respondent State is a party. The Court thus finds that it has material
jurisdiction.
26. With regard to temporal jurisdiction, the Court notes that the alleged
violations happened between 2015 and 2018. Therefore, the alleged
violations occurred after the Respondent State had ratified the Protocol on
10 February 2006. Accordingly, the Court finds that it has temporal
jurisdiction.
27. The Court also notes that it has territorial jurisdiction as the alleged
violations occurred in the Respondent State’s territory.
28. In light of the foregoing, the Court holds that it has jurisdiction to hear this
Application.
VII. ADMISSIBILITY
29. Article 6(2) of the Protocol provides that “the Court shall rule on the
admissibility of cases taking into account the provisions of article 56 of the
Charter.”
30. Pursuant to Rule 50(1) of the Rules, “[t]he Court shall ascertain the
admissibility of an Application filed before it in accordance with Article 56 of
the Charter, Article 6(2) of the Protocol and these Rules.”
5
Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; Kennedy
Owino Onyachi and Charles John Mwanini Njoka v. United Republic of Tanzania (merits) (28 September
2017) 2 AfCLR 65, §§ 34-36; Jibu Amir alias Mussa and Said Ally Mangaya v. United Republic of
Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 629, § 18; Abdallah Sospeter
Mabomba v. United Republic of Tanzania, ACtHPR, Application No. 017/2017, Judgment of 22
September 2022, § 21.
7