before
the
Commission.
Once
the
Applicant
has
withdrawn
hrs
communication before the Commission, he has the right to approach
another forum and, in the view of this court, there is nothing untoward about
this. The Respondent's objection is therefore not valid. However, this finding
does not necessarily mean that the application is admissible because the
application must still meet other requirements of admissibility; in particular,
the Applicant must satisfy the provisions of Article 6(2) of the Protocol, read
together with Article 56(5) of the Charter, namely, that he has exhausted
local remedies. This aspect is dealt with later.
The Court's Jurisdiction in terms of the Protocol
34. The jurisdiction of the Court ratione materiae is set out in Article 3 of the
Protocol. Article 3( 1) of 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." Article
3(2) provides that "in the event of a dispute as to whether the Court has
jurisdiction, the Court shall decide". The provision is quite broad as it
extends to all cases and disputes, on human rights issues, concerning the
interpretation and application of the Charter, the Protocol and other relevant
human rights instruments ratified by the State concerned .
In the instant
case, the requirements of the subject matter jurisdiction have been met, as
the rights alleged to be violated are human rights
enshrin~ harter.
17
~
[17)
\
....