12)
With regard to costs and expenses) grant
lhe Applicant the benefit ofji·ee proceedmgs.
11
24. In its statement of defence, Senegal for its part submitted
inter alia, ilia l for the Court Lo be able to deal with applications
brought b_v mdivtduals. "the respondent State must first have
recognized the jurisdicuon of lhC' Court to receive such
applications 111 accordance wiU1 Article 34 (6) of the Protocol
establishing l he Court" .
1
25. Jn Lhis regard , Sent"gaJ "strongly asserted that it did not make
any such dccluratwn accepting the jwisdiction of the African
Court on Human and Peoples' J~ights to deal with applications
brought by ind iv1d uals~.
26 .. \lt<'rn<-nivcly . Sene-gal averrecl thR t the Applicant "was wrong to
meddJ c in a mnttC'r that is thC' cxclusiv<.:.: concern of Senegal,
Hissein Habn~ and the victims" as pt>r the ob11gal'ions arising from
the Convention against Tor111rr; and lhat it does not see any
"justification for legitimatt: interest on Lhe pcu·L of the Applicant to
bring t.he case against the Republic of Senegal".
27. In adciJLion. Senegal denied the allegations made by the
Appl1cant m rrgard to the '·purported violation [by it] of the
principle of non - retroactivity of crimmal law", and the ''purported
violation or r\l'ricHn Union mandaLc" of July 2006.
28 . ln conclusio11, Senegal prn.ved lhc Court Lo:
"On mntters of procedure:
Rule Uwt Senegal has not made a declaration
uccepfl11g fh(:' jun'sdictron of lhe Court lo hear
upplic:ufwns submitted by indwiduals,·
.J,k
Hu/e tlw£ lhe Applicun l has no interest lo't-J
lflstirwe ll1e applicotinn;
Therefore, declare
madnusstble.
~/
/\W
\
th~ the
application
is
(~ 7~
'-~-~ }~