iii. That the Application does not meet the admissibility requirements
stipulated under Rule 40(6) of the Rules of Court;
iv. Declare the Application inadmissible and duly dismiss it.
13. With respect to the merits of the Application, the Respondent State prays
the Court to:
i.
Find that it has not violated Articles 1, 3, 5, 6, 7(1) and 9(1) of the
Charter;
ii.
Dismiss the Applicant’s prayers;
iii. Order that the Applicant continue to serve his sentence; and
iv. Order that the costs of this Application be borne by the Applicant.
V.
JURISDICTION
14. The Court notes that Article 3 of the Protocol provides as follows:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant Human Rights
instrument ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
15. The Court notes that pursuant to Rule 49(1) of the Rules it must conduct an
assessment of its jurisdiction and dispose of objections thereto, if any.
16. In the present case, the Respondent State objects to the material and
temporal aspects of the jurisdiction of the Court. The Court will, therefore,
consider the said objections before examining other aspects of its
jurisdiction, if necessary.
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