12. The Respondent ratified
~ne
African Charter on Human and Peoples ' Rights on 9
March 1984 and the Protocol on 10 February2006, 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 NonGovernmental Organizations, within the meaning of Article 34(6) of the Protocol
read together with Article 5(3) of the Protocol.
13. The alleged violations the Applicant is complaining about are guaranteed under
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 matenae over the application The Respondent
acceded to the International Covenant on Civil and Political Rights (ICCPR) on 11
June 1976 and deposited its instrument of accession on the same date.
14 In light of the foregoing, the Court has satisfied itself that, prima facie , it has
jurisdiction to deal with the application.
IV. On the provisi onal measu res sought
15. In his Application, the Applicant did not request the Court to order provisional
measures;
16. 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,
17. 1t is for the Court to decide In each situation if, in the light of the particul
ar
circumstances, it should make use of the power provtded for by the
aforementioned provisions;
18. The Applicant is on death row and it appears from this application that there exists
a situation of extreme gravity, as well as a risk of irreparable harm to the Applicant:
4