Procedure
Jurisdiction
Personal jurisdiction - Complaints submitted by the African Commission

The Court has personal jurisdiction over complaints submitted by the African Commission in
terms of article 5(1) of the Court’s Protocol. It is not relevant for the Court to determine
whether the original complainants had standing before the African Commission in
determining the personal jurisdiction of the Court because the original complainants are not
parties before the Court (African Commission on Human and Peoples’ Rights v Kenya,
application 006/2012, Judgement, 26 May 2017, para 58). Additionally, the question of
whether or not the respondent state has made the article 34(6) declaration allowing direct
access for individuals and NGOs does not arise when the complainant is the African
Commission (African Commission on Human and Peoples’ Rights v Kenya, application
006/2012, Judgement, 26 May 2017, para 60).

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