Application Number 00112012 Frank David Omary and Others
11
United Republic of Tanzania and thereafter, in Application Number
00312012 Peter Joseph Chacha v United Republic of Tanzania. The
Court, in the above cases held that, the substance of the complaint
must relate to rights guaranteed by the Charter or any other human
rights instrument ratified by the State concerned. It is not necessary
that the rights alleged to have been violated are specified in the
Application.
46.
In any event, in the instant case, the Applicant's Reply to the
Respondent's Response specifies the rights guaranteed by the
Charter alleged to have been violated (supra paragraph 42).
47.
The Court finds that the Applicant's Application states facts
which relate to human and peoples' rights protected under the
Charter, and therefore holds that it has jurisdiction ratione materiae.
Jurisdiction ratione personae
48.
Although the parties raised an issue purportedly relating to the
Court's jurisdiction ratione personae, the Court does not
conside~·
this to be an objection on its jurisdiction ratione personae. The
Respondent is a State Party to the Protocol, which has also made
the declaration in terms of Article 34(6) of the Protocol accepting the
seizure of the Court by an individual. The Respondent deposited itB
instrument of ratification of the Protocol on 10 February 2006 and
deposited the declaration required under 34(6) of the Protocol on 29
March 2010. Though the alleged violations occurred before the
deposit
of
the
instruments
of
ratification
and
declaration
20