filing an application within a reasonable time. The Court will consider these
objections before examining other conditions of admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
38. The Respondent State contends that the Applicant has not exhausted local
remedies and thus his Application should be declared inadmissible. The
Respondent State reiterates that the allegations of violations of human
rights made by the Applicant were not raised before the domestic courts and
it is the first time that they are being raised in the Application. According to
the Respondent State, this contradicts the well-established principle of
exhaustion of local remedies.
39. The Respondent State asserts that the Applicant had legal remedies
available to him within its jurisdiction which he could have pursued prior to
filing their Application before this Court. With regard to his allegations of not
being granted bail and not being heard, the Respondent State avers that
the Applicant could have commenced a constitutional petition for
enforcement of his basic rights under the Basic Rights and Duties
Enforcement Act at the High Court of Tanzania. Similarly, with regard to his
allegation that he had no free legal assistance, the Respondent State
submits that the Applicant could have applied for it in accordance with its
Legal Aid (Criminal Proceedings) Act. It contends that the Applicant failed
to do so prior to seizing the Court, thus, the Court should dismiss his
Application for lack of exhaustion of local remedies.
*
40. The Applicant disputes the Respondent State’s submissions and asserts
that his Application meets the requirement of exhaustion of local remedies.
He contends that his matter went through the different Courts of the
Respondent State including the High Court and the Court of Appeal. The
Applicant asserts that the domestic courts should reasonably have
observed all applicable laws in dealing with matters even if parties failed to
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