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".
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