Ernest Zongo and Blaise Zongo and by the Burkinabe Human and Peoples' Rights Movement (MBDHP) before it was brought before the African Court on Human and Peoples' Rights; and secondly, because the procedure before the domestic courts had not been unduly protracted. On the merits If the Communication/Complaint was to be declared admissible, it should be rejected as unfounded and, as a consequence, all claims for damages be it general, special or punitive, brought by the beneficiaries of Late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo and Blaise Zongo and by the Burkinabe Human and Peoples' Rights Movement (MBDHP) should be dismissed". 46. At the Public Hearing of 28 and 29 November 2013, the Applicants stood by their submissions while the Respondent maintained its position. IV. COMPETENCE OF THE COURT 47. Rule 39 (1) of the Rules of Court provides that "The Court shall conduct preliminary examination of its jurisdiction .... " 48. Regarding its material jurisdiction, article 3(1) of the Protocol establishing the Court (the Protocol) provides that "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 instrument ratified by the States concerned". 17

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