8. 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 of the Charter, this
Protocol and any other relevant human rights instrument ratified by the States
concerned'.
9 The Respondent ratified the African Charter on Human and Peoples' Rights on 9 March
1984 and the Protocol on 10 February2006, and is party to both instruments. On 29
March 2010, the Respondent made a declaration accepting the competence of the
Court to receive cases from individuals and Non- Governmental Organizations, within
the meaning of Article 34(6) of the Protocol read together w1th Article 5(3) of the
Protocol.
10 The Applicant is complaining about violations of rights guaranteed under Article 7 of
the Charter and Article 14 of the International Covenant on Civil and Political Rights
("hereinafter referred to as ICCPR") and the Court therefore has prima facie jurisdiction
ratione materiae over the application. The Respondent acceded to the International
Covenant on Civil and Political Rights (ICCPR) on 11 June 1976 and deposited its
instrument of accession on the same date .
11 . 1n light of the foregoing , the Court is satisfied that, pnma facie , it has jurisdiction to deal
with the application.
IV. Provisional measures
12. 1n his Appl ication , the Applicant did not request the Court to order provisional
measures;
13. Under Article 27(2) of the Protocol and Rule 51 (1) of the Rules, the Court is empowered
to order prov1s1onal measures proprio motu in cases of extreme gravity and when
necessary to avoid irreparable harm to persons", and ''wh1ch it deems necessary to
adopt in the interest of the parties or of justice".
14. It is for the Court to decide in each situation if, in the light of the particular
circu mstances, it should make use of the power prov1ded for under Article 27 92) of
the Rules of the Court.