IV
" Please be informed that the subject matter of your Application is manifestly not
within lhe jurisdiction of the Court. Further, since your complaint is being made
against a non-State Party to Ihe Protocol to the African Charter on I Iuman and
Peoples' Rights on the establishment of an African Court on Human ami Peoples '
7
Rights, the Court does not have jurisdiction to receive the mattcr".
It was exactly in lbe same manner that three requests filed against Egypt,
12.
a Member State of the African Union but not party to the Protocol, were
rejected. Ln his reply to the latest of these three requests, the Deputy Registrar
indeed informed the Applicant as fo llows:
"[ ... ] I wou ld like to inform you that Egypt bas not yet ratified the Protocol
establ ishing the Court. The Court can only receive Applications relaLed to States
which are Parties to the Protocol". 8
ll is similarly through an administrati ve, and not judicial, channel that
13.
were rejected Applications rued against States Parti es to the Protocol but have
not made the optional declaration recognizing as compulsory the Court's
jurisdiction to deal with cases filed by indi viduals or non-govemmenlal
organizations, as provided by Article 34 (6) of the Protoco l.
14. This is for instance the case of an Application fiJcd against Tunisia, in
regard to which the Registrar informed the Applicant of what fo llows:
"The Court considered your application and noted that Tunisia, the Respondent
against which your Application is fi led, bas not made the special declaration
Letter from the Deputy Registrar dated 18 February 20 IS (Ref AFCHPR/Reg./02/20 15/009)
m reply to a request filed by Madam Chie Miyakazi against Japan, dated 18 October 20 14.
7
Letter from the Deputy Registrar dated 29 June 2015 (Ref AFCIIPR/Reg./06/0 11) in reply
to an Application liled by Osama Bardeeni against the Arab RepubUc of Eqypt, dated I
January 2015. See also the action Lakcn on the AppUcation tiled by Mr. Ibrahim Muhammed
Agwa and three others against the Arab Republic of E1:,rypt, dated 16 June 20 14; this
Application was rejected by a lener from the Deputy Registrar dated 20 June 2014 (Ref
AFCHPR/Reg./06/20 14/006) in which the latter stated as follows: "As 1 have already
11
explained to you during our meeting on Wednesday, 18 June 2014, Egypt has not yet ratified
the Protocol to the African Charter on Human and Peoples Rights on the establishment ofan
African Court on Human and Peoples ' Rights. As such, the Court does 1101 have jurisdiction
to hear the matter", See finally the letter from Ibe Registrar dated 24 Jlme 20 13 in reply to an
Application 1iled on 17 June 2003 by tbe "Popular Front aga inst the transfonnation of Egypt
into a Muslim Brotherhood State" against the Arab Republtc of .l:.gypt.