59.
Therefore, considering the obligation to execute the Court’s judgments,
which
generally imposes a duty on States to remedy established human or peoples’
rights violations, the Court also holds that a violation of Article 30 of the Protocol
is tantamount to a “violation of a human or peoples’ rights”, as referred to in Article
27(1) of the Protocol.
60.
Accordingly, the Court holds that it is within its jurisdiction to find a violation of
Article 30 of the Protocol, based
on which the Court “shall make appropriate
orders to remedy the violation,” in accordance with Article 27(1) of the Protocol.
61.
Through a combined reading of Articles 3, 27(1) and 30 of the Protocol, the Court
finds that it has material jurisdiction
in a case or dispute submitted
to it, to
establish whether or not a State has complied with its judgment within the time
stipulated, and make appropriate orders to remedy the violation, if necessary.
62.
For the above reasons and considering that the instant Application constitutes a
new dispute
in relation to the matter of APDH
v Céte D'Ivoire,
based
on new
factual and legal circumstances, and considering that all the alleged violations
concern human rights instruments to which the Respondent State is a Party, the
Court holds that it has material jurisdiction to examine the Application.
B. Other aspects of jurisdiction
63.
The
Court
jurisdiction
notes
are
that other aspects
not in contention
of its personal,
between
the
Parties.
temporal
and
territorial
Nonetheless,
it has
to
satisfy itself that it has jurisdiction in those aspects.
64.
Concerning its personal jurisdiction, the Court notes that the Respondent State
is a Party to the Protocol and deposited the Declaration on 23 July 2013.
65.
The Court also notes that on 29 April 2020, the Respondent State deposited, with
the African Union Commission, an instrument withdrawing its Declaration.
15