Ill.
Jurisdiction
6.
In dealing with an Application, the Court has to ascertain that it has
jurisdiction on the merits of the case under Articles 3 and 5 of the
Protocol.
7.
However, in ordering provisional measures, the Court need not
satisfy itself that it has jurisdiction on the merits of the case, but
simply needs to satisfy itself, prima facie, that it has jurisdiction. 1
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
interpretation 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 Organisations, within the meaning of Article
34(6) of the Protocol, read together with Article 5(3) of the Protocol.
1
See Application 002/2013 African Commission on Human and Peoples' Rights v
Libya (Order for Provisional Measures dated15 March 20 13) and Application 006/2012
African Commission on Human and Peoples' Rights v Kenya (Order for Provisional
Measures dated15 March 2013); Appl ication 004/2011 African Commission on Human
and Peoples' Rights v Libya (Order for Provisional Measures dated 25 March 2011 ).
13
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