of the Charter or any other human rights instrument ratified by the State
concerned is established.6
28. In the instant case, the Applicants allege the violation of rights guaranteed
under the Charter to which the Respondent State is a party. The Court is
therefore empowered to make the appropriate reparation, including issuing
an order for release, should the circumstances so require.
29. In light of the above, the Court dismisses the Respondent State’s objection
and consequently finds that it has material jurisdiction to hear this
Application.
B. Objection to temporal jurisdiction
30. The Respondent State is contesting the temporal jurisdiction of the Court
and submits that the alleged violations raised by the Applicants are not
ongoing. It avers that the Applicants are serving a lawful sentence for the
commission of an offence as provided by statute.
31. The Applicants did not address this objection.
***
32. The Court recalls that, when it comes to temporal jurisdiction, the relevant
date, in relation to the Respondent State, is that of entry into force of the
Protocol, which is on 10 February 2006.7
33. The Court notes that the alleged violations in the present Application are
based on the alleged denial of the right to a fair trial in the domestic courts,
Reuben Juma and Gawani Nkende v. United Republic of Tanzania, ACtHPR, Consolidated Applications
Nos. 015/2017 and 011/2018, Judgment of 5 September 2023 (merits and reparations), § 32.
7 Jebra Kambole v. United Republic of Tanzania (judgment) (15 July 2020) 4 AfCLR 460, § 22;
Niyonzima Augustine v. United Republic of Tanzania, ACtHPR, Application No. 058/2016, Judgment of
13 June 2023 (judgment), § 29 and Tanganyika Law Society and Legal and Human Rights Centre v.
United Republic of Tanzania (merits) (14 June 2013) 1 AfCLR 34, § 25.
6
8