000{0?
29. The Respondent State did not make any submissions
regarding the Court's
jurisdiction to hear this case.
30.
Notwithstanding the absence of any objection to the Court's jurisdiction by the
Respondent State, the Court must satisfy itself that
it
has jurisdiction before it
proceeds.
31.
ln this Application, the Court finds that it has
material jurisdiction given that the Application invokes violations of human
rights protected under the Charter and other human rights instruments ratified
by the Respondent State;
il
personaljurisdiction given that the Respondent State is a Party to the Protocol
and has deposited the declaration prescribed under Article 34(6) thereof,
allowing individuals to institute cases directly before it, in accordance with
Article 5(3) of the Protocol;
ilt
temporal jurisdiction since the alleged violations are continuous, given that
the Applicant remains sentenced on the basis of what he considers as not
being in line with the provisions of the Charter and other human rights
instruments;5
IV
territorial jurisdiction because the alleged violations took place
in
the
Respondent State's territory and the Respondent State is a State Party to the
Protocol.
32
ln view of the foregoing, the Court holds that it has jurisdiction to hear the instant
Application.
5 Applicatlon
No. 013/201 1. Judgment ot 2110612013 (Merits), Beneficiaries of Late Norbert Zongo and
Others v Burkina Faso, $$ 73-74 (hereinafter referred lo as"Notbert Zongo v Burkina Faso').
10