United
Republic
82.3, the Court
human
these
of Tanzania,
held that:
Application
“The
no.
011/2011
ferm local remedies
paragraph
is understood
in
rights jurisprudence to refer primarily to judicial remedies as
are
the
most
effective
means
of redressing
human
rights
violations.” What the Court needs to determine in this case is whether
the Applicant has exhausted local judicial remedies.
38.2
The Inter-American Commission of Human Rights (IACHR) stated in
Mariblanca Staff Wilson and Oscar E. Ceville v. Panama, Case 12.303,
Report No. 89/03, Inter-Am. C.H.R., OEA/Ser.L/V/Il.118 Doc. 70 rev. 2 at
531
(2003), paragraph 35 and 36 as follows:
“35.
In
the
petitioners
‘amparo’
present
did not
brought
appropriate
situation,
the
State
argues
exhaust
domestic
remedies
by
presumed
victim
remedy.
the
It argues
that
the
because
the
was
not
the
that in reality the petitioners
should have presented a motion of unconstitutionality...
36.
In support of its arguments,
of the
Supreme
Court
the State invokes the decision
...... in which
the court,
analyzing
the
‘amparo’ brought by the alleged victim, ruled that the ‘amparo’
was
was a
not the appropriate
remedy
the challenged law
legislative act of a general nature issued by an authority
constitutionally
empowered
susceptible
challenge
protection
must
because
be
to
to do so....
through
and
‘amparo’
that it was
for
not
constitutional
..... The court concluded that this type of challenge
pursued
unconstitutionality.
through
independent
The State argues
me
n Ke
fe
action
for
petitioners failed
EG
2
ein