30
“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.”
It appears that the alleged violations fall within the scope of this
provision.
86. Article 5(3) of the Protocol read together with Article 34(6) of the
Protocol sets out the jurisdiction of the Court to consider applications
from individuals and NGOs.
Article 5(3) reads:
“The Court may entitle relevant Non Governmental organizations
(NGOs) with observer status before the Commission, and
individuals to institute cases directly before it, in accordance with
article 34(6) of this Protocol.”
Article 34(6) provides:
“At the time of the ratification of this Protocol or any time thereafter,
the State shall make a declaration accepting the competence of the
Court to receive cases under article 5(3) of this Protocol. The Court
shall not receive any petition under article 5(3) involving a State
Party which has not made such a declaration.”
From the record, the Respondent has ratified the Protocol and made the
declaration under Article 34(6) thereof, thus the Court can consider
applications from individuals and NGOs brought against it; the 1st