29. The Applicant on his part avers that the Respondent State distorts the facts
of the matter by reducing them to a debt transaction between two private
entities.
***
30. The Court notes that, under Article 3(1) of the Protocol, it has jurisdiction to
hear all cases brought before it, provided that they concern an alleged
violation of the rights protected by the Charter, the Protocol or any other
human rights instrument ratified by the State concerned.4
31. The Court further notes that the Respondent State’s main contention is that
the Applicant has failed to substantiate his allegations of human rights
violation. In the Court’s view, whether or not the alleged violations have
been substantiated cannot be determined at the stage of ascertaining the
Court’s jurisdiction.
32. The Court observes that in the present case, the Applicant alleges violation
of the rights protected by Articles 2, 3, 7, 13(2), 16(1) and 26 of the Charter
and Article 14(1) of the ICCPR, human rights instruments to which the
respondent State is a party.5
33. Accordingly, the Court dismisses the objection based on material
jurisdiction.
34. The Court therefore holds that it has material jurisdiction to hear the present
Application.
4
Boukary Waliss v. Republic of Benin, AfCHPR, Application No. 021/2018, Judgment of 3 September
2024 (merits and reparations), § 20; Frank David Omary and Others v. United Republic of Tanzania
(admissibility) (28 March 2014), 1 AfCLR 358, § 80; Safinaz Ben Ali and Lamia Jendoubi v. Republic of
Tunisia, AfCHPR, Application No. 09/2023, Judgment of 3 September 2024 (jurisdiction and
admissibility), §§ 25-27.
5 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45;
Kennedy Owino Onyachi and Another v. United Republic of Tanzania (merits) (28 September 2017) 2
AfCLR 65, § 34-36; Jibu Amir Alias Mussa and Another v. United Republic of Tanzania (merits and
reparations) (28 November 2019), 3 AfCLR 629, § 18; Masoud Rajabu v. United Republic of Tanzania,
(merits and reparations) (25 June 2021) 5 AfCLR 282, § 21.
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