v
provided in Article 34 (6) of the Article. ll has therefore directed the Rcgtslry to
9
inform you that it does not have jurisdiction to deal with your upplication".
10
11
Applications filed against the Republic of Congo and Lesotho were
disposed of in the same manner.
J5.
J would like to note that none of the abovementioned "matters" was
registered in the General List of the Court.
16. I wish to further note that the judicial determination by the Court of Mr.
Fa lana's request, filed against an entity which can in any manner whatsoever be
brought before the Court, markedly departs from the administrative action
111
decided by the Court, during its 38 Ordinary Session, in the case of Mr.
Faustin Uwintije against Rwanda which State is moreover Party to the Protocol
and has made the optional declaration recognizing as compulsory the Court's
jurisdiction to deal with cases liled by individuals or non-governmental
organizations, as provided by Article 34 (6) of the Protocol. Tnis Application,
registered in the General List of the Court, was indeed rejected by way of a
12
simple letter from the Registrar to the Applicant, whereas the Court has
manifestly jurisdiction ratione personae to deal with it and has actually
considered whether it was well-founded.
Leiter from the Registrar dated J4 April 20 15 {Ref AFCIIPRJReg./04/007) in reply to the
Application filed by Mr. Mustapha Nasri against the Republic of Tunisia, dated 18 September
2014.
9
Letter from the Registrar dated 22 September 20 15 (Ref AFCllPR/Reg./09/0 16) in
response to the Application tiled by Mr. Jean-Claude Mbango and Olhers against the
Republic of Congo, dated 7 September 20 IS; in that teller, the Registrar stales inter alia as
follows: "the Republic of Congo not hav ing made tJ1e declaration, the Court does not have the
jurisdiction to receive your appeal".
10
Application filed by Mr. Rammutla against Lesotho, dated 25 May 20 15, and rejected by
letter from the Registrar dated 29 June 20 IS (Ref AFCHPR/Rcg./06/0 13): "I would like to
11
inform you that although the Kingdom of Lesotho has rat(fled the Protocol establi.~hing the
Court. it has not made the declaration 1111der Article 34 (6) thereof; and as such the Court
does not have jurisdiction ro receive Applic:ations directly from individuals and NGOs
against the Kingdom of Lesotho",
12
This letter is mainly worded as follows: "/ write to inform you that at its 38'h Ordinm)'
Session held jr·om 31 August to 18 September 2015, the Court considered the above
Application and instructed the Registrar to inform you that the said Application does not
meet the requirements under Rule 34 of the Rules of Court, and ax such it cannot be
entertained by the Court. I hope you will be able to find another forum where your complamt
can be addressed.