7.
However, in ordering provisional measures, the Court need not satisfy
itself that it has jurisdiction on the merits of the case, but simply needs
to satisfy itself, prima facie, that it has jurisdiction. 1
8.
Article 3(1) of the Protocol provides that "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".
9.
The Respondent ratified the Charter on 9 March 1984 and the Protocol
on 10 February 2006, and is party to both instruments; it equally
deposited, on 29 March 2010,
a declaration
accepting the
competence of the Court to receive cases from individuals and NonGovernmental Organisations, within the meaning of Article 34(6) of
the Protocol, read together with Article 5(3) of the Protocol.
10.
The alleged violations the Applicant is complaining about are
guaranteed under Article 3(1) and (2) and Article 7(1 )(c) and (d) of the
Charter and the Court therefore has jurisdiction ratione materiae over
the Application.
1
See Application 002/2013 African Commission on Human and Peoples' Rights v Libya
(Order for Provisional Measures dated15 March 2013) and Application 006/2012 African
Commission on Human and Peoples' Rights v Kenya (Order for Provisional Measures
dated15 March 2013); Application 004/2011 African Commission on Human and Peoples'
Rights v Libya (Order for Provisional Measures dated 25 March 2011 ).
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