00ois?
A. Objection to personal jurisdiction
15.The Respondent State contests the legal capacity of the Applicants to file the
Application, on the basis that access to the Court should only be available to
individuals rather than
to a group of individuals. The Applicants dispute the
submission of the Respondent State and aver that they have legal standing before
the Court.
16. The
Court observes that, as stated in paragraph 1 of this judgment, the Applicants
are an informal group of one hundred and thirteen (113) individuals. The Court
recalls that the Republic of Mali is party to the Protocol and has deposited the
Declaration prescribed under Article 34(6), allowing individuals to seize the Court
directly, in accordance with Article 5(3) of the Protocol. Accordingly, the Applicants
are entitled to file their Application before this Court. Therefore, the Respondent
State's objection in this regard is dismissed.
B. Other aspects of jurisdiction
17.With regard to material, temporal and territorialjurisdiction, the Court notes that
they have not been challenged by the Respondent State and that nothing on file
indicates that it has no jurisdiction in this regard. lt therefore finds that it has:
material jurisdiction, since the Applicants allege the violation of the right to
health provided under Articles 16 and 24 of the Charter, and 12 of the
ICESCR; the right to a fair trial under Articles 7(1) and 26 of the Charter,
and of the right to be tried without delay as provided under Articles 2(3) and
14 of the ICCPR; all instruments to which the Respondent State is a party,
thus giving the Court the power to interpret and apply them in accordance
with Article 3 of the Protocol,
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