Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
instruments ratified by the State concerned. In conducting the aforementioned task, the Court
held, it does not thereby become an appellate court.
As to the Respondent State’s objection that the Court lacked jurisdiction to quash the decisions
of its domestic courts, the Court recalled Article 27(1) of the Protocol to the African Charter of
Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’
Rights (the Protocol), and concluded that it has jurisdiction to grant different types of
reparations, including an order to declare proceedings in the national courts null and void, an
order to annul a conviction and sentence, and to order the release of an Applicant from prison,
provided that the alleged violation has been established.
The Court further noted that given that the alleged violations presented before it pertained to
rights enshrined in the African Charter on Human and Peoples’ Rights (the Charter), to which
the Respondent State is a Party, it possessed the necessary material jurisdiction to examine
the Application.
For these reasons, the Court dismissed the Respondent State’s objection to its material
jurisdiction.
Although other aspects of its jurisdiction were not challenged by the Respondent State, the
Court nevertheless examined them. In this regard, the Court found that it had personal
jurisdiction since, on 29 March 2010, the Respondent State deposited the Declaration
provided for under Article 34(6) of the Protocol, which allows individuals to file applications
against the Respondent State as per Article 5(3) of the Protocol. The Court underscored that
the Respondent State’s withdrawal of the said Declaration, on 21 November 2019, did not
affect this Application as the withdrawal took effect on 22 November 2020 and that this
Application was filed on 15 November 2019, that is, before the Respondent State’s withdrawal
of its Declaration.
The Court also held that it had temporal jurisdiction as the alleged violations occurred after
the Respondent State had become a party to the Protocol. Lastly, it found that it had territorial
jurisdiction given that the facts of the matter occurred within the territory of the Respondent
State, which is a party to the Charter and Protocol.
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