African Court on Human and Peoples' Rights, ("the Protocol") as well as made the declaration under Article
34 (6) thereof.
9. By letter of 19th July, 2011, the Legal Counsel of the African Union Commission informed the Registrar
that the Kingdom of Morocco is not a member of the African Union, and has neither signed nor ratified the
Protocol establishing the Court.
10. Having regard to Article 3 of the Protocol, the Court deliberated on its competence to hear the
application.
Applicable Law
11. 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".
12. As this is an application brought against a State which is not a member of the African Union, which has
neither signed nor ratified the Protocol establishing the Court, the Court concludes that manifestly, it does
not have the jurisdiction to hear the application.
13. For these reasons,
THE COURT, unanimously:
1) Finds that, in terms of Article 3 of the Protocol, it has no jurisdiction to hear the case instituted by Mr.
Youssef Ababou against the Kingdom of Morocco.
2) Strikes out this application for want of jurisdiction.
Done at Arusha, this second day of September in the year Two Thousand and Eleven, in French and
English, the French text being authoritative.
Signed:
Gerard NIYUNGEKO, President
Robert ENO, Acting Registrar
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