V.
JURISDICTION
14. Article 3 of the Protocol provides:
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
instruments ratified by the State concerned.
2.
ln the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
15. Furthermore, under Rule 49(1) of the Rules,4 “the Court shall conduct a
preliminary examination of its jurisdiction (…) in accordance with the
Charter, the Protocol and these Rules.”
16. Based on the above-cited provisions, the Court must conduct a preliminary
assessment of its jurisdiction and dispose of objections thereto, if any.
17. The Court notes that in the instant case, the Respondent State raises an
objection to its material jurisdiction, on which the Court will rule before
considering other aspects of its jurisdiction, if necessary.
A. Objection based on material jurisdiction
18. The Respondent State raises an objection to the jurisdiction of the Court on
the ground that the Application does not seek to challenge the violation of
rights guaranteed by the Charter and other international legal instruments,
or the Respondent State’s compliance with its obligations under the said
instruments.
19. The Applicant submits that the objection should be dismissed, on the ground
that his Application relates to violations of human rights protected by
4
Rule 39(1) of the Rules of 2 June 2010.
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