instruments ratified by the Respondent State, namely, the Charter, the
ICCPR and the UDHR.
***
20. The Court notes that pursuant to Article 3(1) of the Protocol, it has
jurisdiction over “all cases and disputes submitted to it concerning the
interpretation and application of the Charter, the [...] Protocol and any other
relevant human rights instrument ratified by the States concerned”.
21. The Court recalls its settled jurisprudence that for it to assume material
jurisdiction, it is sufficient that the Applicant alleges violation of human rights
protected under the Charter or any other human rights instrument ratified by
the Respondent State.5
22. The Court notes that, in the present case, the Applicant alleges violation of
the right to a fair trial, protected by Article 7 of the Charter and Article 2(3)
of the ICCPR; and of the right to property, protected by Article 14 of the
Charter, Article 14(1) of the ICCPR and Article 17 of the UDHR.
23. Consequently, the Court dismisses the objection based on material
jurisdiction and declares that it has jurisdiction in this respect.
B. Other jurisdiction requirements
24. The Court notes that no objection has been raised to its personal, temporal
or territorial jurisdiction. Nevertheless, it must ensure that its jurisdiction is
established in these areas. To this end, the Court notes that it has :
i.
Personal jurisdiction insofar as, as indicated in paragraph 2 of this
Judgment, the Respondent State deposited the instrument of
withdrawal of the Declaration on 25 March 2020. In this regard, the
5
Franck David Omary and Others v. United Republic of Tanzania (admissibility) (28 March 2014) 1
AfCLR 358, § 74; Peter Chacha v. United Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR
398, § 118.
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