v. Make any other Order this Court might deem right and just under the
prevailing circumstances.
V.
JURISDICTION
19. The Court observes that Article 3 of the Protocol provides as follows:
1.
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.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
20. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”
21. In view of the foregoing, the Court must conduct an assessment of its
jurisdiction and dispose of objections thereto, if any.
22. In the present Application, the Court notes that the Respondent State raises
an objection to its material jurisdiction. The Court will, therefore, first
examine this objection before considering other aspects of its jurisdiction, if
necessary.
A. Objection to material jurisdiction
23. The Respondent State argues that the present Application is inviting the
Court to sit as an appellate court and ultimately revise the judgment of the
Respondent State’s Court of Appeal by re-assessing the evidence,
quashing the conviction, setting aside the sentence and setting the
Applicant at liberty. The Respondent State submits that this is not within the
6