005073
v.
Find that the Respondent
State in not responsible for the actions of the
persons who are not acting on behalf of the State.
V.
JURISDICTION
2/7.Pursuant to 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
concemed.”
and
In
any
other
accordance
relevant
with
human
Rule
39(1)
rights
of the
instruments
Rules,
ratified
“the
Court
by
the
shall
States
conduct
preliminary examination of its jurisdiction...”
A.
Objections to material jurisdiction
28. The Respondent State raises four objections to the material jurisdiction of the Court
as follows:
(1)
(ii)
(iii)
(iv)
That the Protocol has not been domesticated:
The Application does not raise human rights claims;
|§ That domestic courts have jurisdiction over human rights matters and;
That this Court cannot review decisions of the Respondent
State’s Supreme
Court.
i.
Objection that the Protocol has not been domesticated.
29. The Respondent State contends that its courts are not bound by the Protocol because,
although it has ratified the Protocol, it is yet to domesticate it into its laws.
30. The Applicant avers that the Court has jurisdiction because the Respondent
has ratified the Protocol and deposited the Declaration
Se
of the Protocol.
required
State
under Article 34 (6)