7
By letter dated 3 February 2016, the Registry reminded the Respondent to
respond to the Application in accordance with Rule 37 of the Rules of the Court
Jurisdiction
Ill.
8
In dealing with an application, the Court has to ascertain that 1t has JUrisdiction
on the merits of the case under Articles 3 and 5 of the Protocol.
that
9. Howeve r, in ordenng provisional measures, the Court need not satisfy itself
it has jurisdiction on the ments of the case, but simply needs to sat1sfy itself, prima
1
facie , that it has jurisdlction.
10 Article 3(1) of the Protocol provides that 'the jurisdiction of the Court shall extend
,
to all cases and dispute s submitted to 1t concerning the mterpretation of the Charter
th1s Protocol and any other relevant human rights mstrument ratified by the States
concerned '.
on
11 . The Respon dent ratified the African Charter on Human and Peoples ' Rights
9 March 1984 and the Protocol on 10 February 2006, and is party to both
the
instruments; it equally deposited, on 29 March 2010, a declaration accepting
ntal
competence of the Court to receive cases from individuals and Non-Governme
with
Organizations, within the meaning of Article 34(6) of the Protocol read together
Article 5(3) of the Protocol.
12. The alleged violations the Applicants IS complaining about are guaranteed under
on
the scope of Article 7 of the Charter and Article 14 of the International Covenant
C1v1l and Political Rights ("hereinafter referred to as ICCPR"), and the Court
The
therefore has prima facie jurisdiction ratione materlae over the application.
Respondent acceded to the International Covenant on Civil and Political Rights
(ICCPR) on 11 June 1976 and deposited its instrument of access1on on the same
date.
See Application 002/2013 African Commission on Human and Peoples' Rights v Libya (Order
sion
for Provtstonal Measures dated15 March 2013) and Application 006/2012 Afncan Commis
March
on Human and Peoples' Rights v Kenya (Order for Provisional Measures dated15
1
Libya
2013). Application 004/2011 Afncan Commission on Human and Peoples ' Rights v
(Order for Provisional Measures dated 25 March 2011)
1/'-
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