Declaration on 21 November 2019. The Court has held that such withdrawal does not apply retroactively. Therefore, it has no bearing on matters pending before the Court prior to the filing of the instrument withdrawing the Declaration or new cases filed before the withdrawal took effect, being a period of one (1) year after the deposit of the notice of withdrawal, that is, on 22 November 2020. The instant Application having been filed on 22 January 2016, that is, before the Respondent State withdrew its Declaration, it is not affected by such withdrawal and thus, the Court has personal jurisdiction. 31. Concerning its temporal jurisdiction, the Court notes that the alleged violations are based on the District Court’s judgment of 9 May 2008 and the High Court’s and the Court of Appeal’s judgment of 27 September 2010 and 12 March 2013, respectively. The Court notes that all the three (3) decisions of the domestic courts were delivered after the Respondent State had ratified the Charter and the Protocol. Furthermore, the Applicant remains incarcerated, serving a thirty (30) year sentence that he claims resulted from an unfair trial.9 In essence, the alleged violations are continuing, thus conferring the Court with temporal jurisdiction to scrutinize such claims.10 32. As regards its territorial jurisdiction, the Court holds that it has territorial jurisdiction, as the alleged violations occurred in the territory of the Respondent State. 33. In the light of the foregoing, the Court holds that it has jurisdiction to examine this Application. 9 Tanganyika Law Society and Legal and Human Rights Centre v. United Republic of Tanzania (merits) (14 June 2013) 1 AfCLR 34, § 84; African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9, § 65; Ivan v. Tanzania (merits and reparations), supra, § 29 (ii). 10 Norbert Zongo and Others v. Burkina Faso (preliminary objections) (21 June 2013) 1 AfCLR 197, § 68; and Igola Iguna v. United Republic of Tanzania, ACtHPR, Application No. 020/2017, Judgment of 1 December 2022, § 18. 9

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