28 . In general terms , this Court would be acting as an appellate jurisdiction only if, inter
alia, it were to apply to the case the same law as the Tanzanian national courts, that is,
Tanzanian law. However, this is clearly not the case in the Matter before it, because by
definition, the Court applies exclusively "the provisions of the Charter and any other relevant
human rights instrument ratified by the States concerned" in accordance with the provisions of
Article 7 of the Protocol.
29. On the basis of the aforesaid considerations, the Court holds that it is competent to
determine whether the treatment of the matter by Tanzanian national courts has complied
with the requirements set forth by the Charter in particular and any other applicable
human rights instrument. Consequently, the Court dismisses the objection raised in this
regard by the Respondent State.
2) Objection regarding lack of jurisdiction on the grounds that the Applicant did
not invoke the appropriate provisions of the Protocol and the Rules of Court
30. In its Response , the Respondent objects to the jurisdiction of the Court on the ground
that the Applicant , rather than invoking Article 3(1) of the Protocol and Rule 26 of its Rules ,
cited , as grounds for the jurisdiction of the Court, Articles 5 and 34(6) of the Protocol and
Rule 33 of the Rules of Court, which rather, govern the uncontested issue of access to
the Court. It argues that since the Applicant has not appropriately invoked the jurisdiction
of the Court by citing the applicable provisions, its Application should consequently be
dismissed with costs. It concludes in this regard that the Applicant has not been compliant
with Article 3(1) of the Protocol and Rule 26 of the Rules of Court.
*
31. At the Public Hearing, Counsel for the Applicant, relying on the jurisprudence of the
Court in the Matter of Peter Joseph Chacha v. United Republic of Tanzania, submitted in
reply that the Court shall have jurisdiction as long as "the rights alleged to be violated are
protected by the Charter or any other human rights instrument ratified by the Respondent State" . b
13