000{98
On reparations
"e. That the death penalty was imposed on the Applicant in accordance with the proper
judicial process in Ghana and was therefore not in violation of Article 4, 5 and 7 of
the Charter;
f.
That the Respondent State has not violated Article 1 of the Charter.
g.
That Applicant has not established any grounds for reparations and as such the
reparations sought by the Applicants should be denied."
V. JURISDICTION
26.
Under Article 3(1) of the Protocol 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."
Further, in terms of Rule 39(1) of the Rules "the Court shall conduct preliminary
examination of its jurisdiction
27.
..
.
".
The Applicant submits that the Court has previously ruled that as long as the rights
alleged by the Applicant(s) are protected by the Charter or any other human rights
instrument ratified by the State in question then the Court will have jurisdiction over
the matter.3 ln the present Application, the Applicant set out the specific provisions
of the Charter, the ICCPR and the UDHR that he alleges have been violated by the
Respondent State and submitted that the Court has materialjurisdiction to hear this
matter.4
28. The Applicant further avers that the Court has
personal jurisdiction, temporal
jurisdiction and territorialjurisdiction in the present matter.
3Application No.006/2013. Judgment
Republic of Tanzania, S 57.
ot
1810312016 (Merits), Wilfred Onyango Nganyi & Others v lJnited
4
The Applicant alleges that the Respondent State has violated Articles 4, 5 and 7 of the Charter together
with Articles 6(1), 7 , 14(1) and 14(5) of the ICCPR and Articles 3, 5 and 10 of the UDHR.
9
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