005071
* ¥ te
36. The Court recalls its jurisprudence
in the Matter of Frank David
Omary
v. United
Republic of Tanzania in which it held that it “...has the power to exercise its jurisdiction
over
alleged
instruments
violations,
in
relation
to the
ratified by the Respondent’’
subsequent cases®.
relevant
The
human
Court
rights
also held
guaranteed
similar positions
by
in
The Court notes that the Applicant alleges violations of rights
guaranteed by the Charter, specifically, Articles 2, 3 and 7 thereof.
37.Based on the foregoing, the Court dismisses this objection.
ili, Objection that domestic courts have jurisdiction over human
rights matters
38. The Respondent State avers that its Constitution explicitly spells out the procedure by
which domestic courts exercise their jurisdiction over alleged human rights violations
which the Applicant was free to pursue.
39. For his part, the Applicant contends that this Court has jurisdiction to hear this matter
on the basis of the rights violated in the Charter and other instruments to which the
Respondent State Is a party to.
KK
40.This
Court affirms the jurisdiction
human
rights issues.
Application
means
of the Respondent
State’s Courts to adjudicate
Indeed, sub-Rule 40 (5) of the Rules require that before any
is filed in this Court,
local remedies
must
have
that the Applicant must have seized the Respondent
been
exhausted.
This
State’s Courts before
’ Application No. 001/2012. Ruling of 28/3/2014 (Jurisdiction and Admissibility) Frank David Omary v.
United Republic of Tanzania, § 75;
8 Application No. 001/2012, Ruling of 28/3/2014 (Jurisdiction and Admissibility) Frank David Omary v United
Republic of Tanzania, § 75; see also Application No. 005/2015 Judgment of 20/11/2015 (Merits) Alex
Thomas v Tanzania (Merits), § 45; Application No. 046/2016, Judgment of 11/5/2018 (Merits and
Reparations), APDF and IHRDA v Republic of Mali, § 27, Application No. 001/2015, Judgement of
7/12/2018 (Merits and Reparations), Armand Guehi v United Republic of Tanzania, § 31, Application No.
025/2016. Judgment of 28/3/2019 (Merits and Reparations), Kenedy Ivan v. United Republic of Tanzania,
§ 27.