34.The Court notes that, in actual fact, the Application does not indicate the
articles or human rights instruments guaranteeing the rights alleged to be
violated.
35. However, in his Reply to the Respondent
specifies the rights allegedly violated
state's Response, the Applicant
as well as the
international
instruments which guarantee the said rights. lt follows that the Application
raises allegations of violations of human rights guaranteed by international
legal instruments applicable before this Court and ratified by the
Respondent state, particularly the charter, the lccpR and the lcEScR.
36. The Court notes its established case law on this issue and reiterates that
the rights allegedly breached need not be specified in the Application; it is
sufficient that the subject of the Application relates to the rights guaranteed
by the Charter or by any other relevant human rights instrument ratified by
the State concernedl.
3T.Accordingly, the Court dismisses the Respondent State's objection and
rules that it has materialjurisdiction to hear the case.
B.
Other aspects of jurisdiction
38.The Court notes that its personal, temporal and territorialjurisdiction is not
contested by the Respondent State. Besides, nothing on record indicates
that the Court does not have personal, temporal and territorial jurisdiction.
The Court accordingly holds that:
(i) it has personaljurisdiction given that the Respondent State is a Party to the
Protocol and has made the declaration prescribed under Article 34 (6) of the
Protocol, which enabled the Applicant to bring this Application direcfly before
this Court, pursuant to Article 5 (3) of the Protocol;
1
see Application 00512013: Alex Thomas v. United Repubtic of Tanzania, Judgment of 20 November 2015 g 4b;
Frank David Omary and Others v. United Republic of Tanzania, Application OO112O12 Judgment of 28 Mirch
2014, $ 115; Pefer Chacha v. United Republic of Tanzania, Application OO312O12, Judgment olf z8 March 2014,
1
S
15.
G
9
*g
14