(iii) declare that the Respondent has not violated the Applicant's right to
personalfreedom and the right to life;
(iv) declare that the allegations of corruption are false;
(v) dismiss the Application for lack of merit, and
(vi) grant
it leave to file additional evidence pursuant
to Rule 50 of the Rules
of Court.
V.
29.
JURISDICTION
ln terms of Rule 39 (1) of its Rules, "the Court shall conduct preliminary
examination of its jurisdiction
.. . "
30.In this respect, the Respondent State raises objection to the material jurisdiction
of the Court on which the Court shall make a ruling before considering other
aspects of jurisdiction.
A.
Objection to the Gourt's materialjurisdiction
31.The Respondent State raises objection to the material jurisdiction of the
Court by invoking Article 3 (1) of the Protocol and Rule 26 (1) and (2) of the
Rules which provide that "the Court shall have jurisdiction to deal with all
the cases and all disputes submitted to it concerning interpretation and
application of the Charter, the Protocol and any other relevant instrument
on human rights ratified by the States concerned".
32.The Respondent State argues that, contrary to the above provisions, the
Applicant does not request the Court to interpret or apply an Article of the
Charter or the Rules, nor invoke any human rights instrument ratified by the
United Republic of Tanzania.
33.The Applicant refutes the Respondent State's objection to the Court's
material jurisdiction, contending that even in the absence of any express
reference to the Charter or the Protocol, the alleged violations fall within the
ambit of the international instruments in respect of which the Court has
jurisdiction.
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