15. An examination of Article 2 of the Protocol and Rule 29 of the Rules as well as the related provisions of the Protocol cited above shows that while the Respondent is entitled to seize the Court, the Court cannot compel the Respondent to seize it. 16. The relationship between the Court and the Respondent is based on complementarity. Therefore, the Court and the Respondent work as independent yet mutually reinforcing partner institutions with the aim of protecting human rights on the whole continent. Neither institution has the mandate to compel the other to adopt any measures whatsoever. For these reasons, the Court unanimously: 17. Finds that, in terms of Article 3( 1). 5(3) and 34(6) of the Protocol, it has no jurisdiction to hear the case and dismisses the Application. 18. Finds that pursuant to Article 2 of the Protocol and Rule 29 of the Rules, the Court cannot compel the Respondent to seize it. In accordance with Article 28(7) of the Protocol and Rule 60(5) of the Rules , the separate opinion of Judge Fatsah OUGUERGOUZ is appended to this Order. Done at Arusha, this 2Q1h day of November in the year 2015, in English and French, the English version being authoritative. r-;/ Signed: Augustine S. L. RAMADHANt, President Elsie N. THOMPSON, Vice President Fatsah OUGUERGOUZ, Judge ~ p ~ ~· /a~ 1 ~ [.)- ;;; Sylvain ORE, Judge Ben KIOKO, Judge El Hadji GUISSE, Judge 4 ~L -'Cj M.•-"'.j""""(;'-3

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