8.
Article 3(1 ) of the Protocol provides that 'the jurisdiction of the Court shall extend
to all cases and disputes submitted to it concerning the interpretatton and
application of the Charter, this Protocol and any other relevant Human Rights
instrument ratified by the States concerned'.
9
The Respondent ratified the Charter on 9 March 1984 and the Protocol on 10
February 2006, and is party to both instruments; it equally deposited, on 29 March
2010, a declaration accepting the competence of the Court to receive cases from
individuals and Non- Governmental Organizations, within the meaning of Article
34(6) of the Protocol read together with Article 5(3) of the Protocol
10.
The alleged violations the Applicants are complaining about are guaranteed under
the scope of Article 7 of the Charter and Article 14 of the International Covenant
on Civil and Political Rights ("hereinafter referred to as ICCPR"), and the Court
therefore has prima facie jurisdiction ratione materiae over the Application. The
Respondent acceded to the ICCPR on 11 June 1976 and deposited its instrument
of accession on the same date.
11 .
In light of the foregoing , the Court has satisfied itself that, prima facie, it has
jurisdiction to deal with the Application.
IV.
On the provisional measures sought
12.
In his Application , the Applicant did not request the Court to order provisional
measures.
13.
Under Article 27(2) of the Protocol and Rule 51 (1) of the Rules, the Court is
empowered to order provisional measures proprio motu in cases of extreme
gravity and when necessary to avoid irreparable harm to persons", and "which it
deems necessary to adopt in the interest of the parties or of justice.
on Human and Peoples' R1ghts v Kenya (Order for Provisional Measures dated15 March 2013),
Application 004/2011 African Commission on Human and Peoples' Rights v Libya (Order for
Provisional Measures dated 25 March 2011)
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