A. Objection to material jurisdiction
17. The Respondent State argues that the Court does not have the jurisdiction
to order the release of the Applicant and thus it should dismiss the
Application for lack of material jurisdiction.
18. On his part, citing the jurisprudence of the Court in Alex Thomas v. Tanzania
and Peter Joseph Chacha v. Tanzania, the Applicant avers that the Court
has jurisdiction to determine this Application as it alleges violations of his
rights protected by the Charter and other human rights instruments ratified
by the Respondent State.
***
19. The Court recalls, as it has consistently held in accordance with Article 3(1)
of the Protocol, that it has jurisdiction to consider any Application filed before
it provided that the latter alleges the violation of rights guaranteed in the
Charter, the Protocol or any other human rights instruments ratified by the
Respondent State.3
20. In the instant case, the Applicant alleges the violation of the right to a fair
trial protected under the Charter to which the Respondent State is a party.
The Court thus finds that, in considering these allegations, it will be
discharging its mandate to interpret and apply the Charter and other human
rights instruments.
21. The Court further reiterates that pursuant to Article 27(1) of the Protocol, if
it finds a violation of the rights guaranteed by the Charter or any instrument
ratified by the Respondent State, it shall make appropriate orders on
reparations. Furthermore, where the Court finds that the Applicant has
3
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.
6