ii.
78.
Court’s Jurisdiction ratione personae and temporis
The parties did not address the Court on these two aspects of
its jurisdiction. Rule 39(1) of the Rules however requires the Court to
“. .
conduct
preliminary
examination
of
its
jurisdiction
and
the
admissibility of the application in accordance with articles 50 and 56
of the Charter, and Rule 40 of these Rules’.
79.
In conformity with Rule 39(1) of its Rules therefore, the Court
will proceed to examine its jurisdiction ratione personae and ratione
temporis.
80.
With
respect to its personal jurisdiction, the Protocol
requires
that a State against which an action is brought should not only have
ratified
the
mentioned
applications
Protocol
and
the
other
in Article 3(1) thereof,
from
individuals,
human
but should
have
made
rights
instruments
also, with
respect
the declaration
to
required
under Article 34(6) of the Protocol, recognising the jurisdiction of this
Court to hear cases from individuals. In the instant case, the status of
ratification
of African
Union
Instruments
indicates
that the
United
Republic of Tanzania became a party to the Protocol on 7 February
2006, and deposited the declaration under Article 34(6) on 29 March
2006. The Court also observes that the Applicants, all nationals of the
Respondent
State, are individuals.
On these-bases,
that it has jurisdiction ration personae,
the Court holds
.°
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we
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°
7”
J
——
Ja
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ae