21. It argues that in any case, the minutes of the family meeting is illegal for
lack of approval by the courts, so that the power of attorney itself has no
effect.
22. In reply, the Applicant contends that the objection should be overruled,
arguing that the only requirements for an individual or an NGO to file an
application with the Court against a State are that the said State should
have ratified the Charter and the Protocol and deposited the Declaration,
and the Applicant is not required to demonstrate any personal interest.
23. She further avers that she does not need a power of attorney to act on
behalf of the victim’s estate. To this end, she produced a copy of her birth
certificate as well as the minutes of the family meeting in which the names
of her siblings appear which, according to her, prove their kinship to the
victim.
24. The Applicant asserts that the Court is not bound by the restrictive domestic
laws governing the validity of evidence and may determine that the
evidence required under domestic law is not necessarily required before
the Court.
***
25. The Court notes that under Article 5(3) of the Protocol, “The Court may
entitle relevant Non-Governmental Organizations (NGOs) with observer
status before the Commission, and individuals to institute cases directly
before it, in accordance with article 34 (6) of this Protocol”.
26. The Court notes that these provisions do not require the Applicant to have
any other capacity whatsoever in order to act before the Court. The Court
has previously held that the only requirement is that the Respondent State,
in addition to being a party to the Charter and Protocol, must have
8