court of Tanzania dismissed their appeal in its entirety on 5 November 2009.
Regarding the Respondent State’s contention that the First Applicant should
have filed an application for review of the decision of the Court of Appeal,
the Applicants argue that an application for review is an extraordinary
remedy, which an applicant is not required to pursue. In support of their
submission, the Applicants cite the Court’s decision in Alex Thomas v.
Tanzania.
***
45. The Court recalls that, as it has consistently held, the requirement of
exhaustion of local remedies is an internationally recognised and accepted
rule restated in Article 56(5) of the Charter, and Rule 50(2)(e) of the Rules.13
As established in the Court’s jurisprudence, the rule of exhaustion of local
remedies reinforces the primacy of domestic courts in the protection of
human rights vis-à-vis this Court and, as such, aims at providing States the
opportunity to deal with human rights violations occurring in their jurisdiction
before an international human rights body is called upon to determine the
responsibility of the States for such violations.14 The remedies to be
exhausted must be those that are ordinary in nature.15
46. In the present Application, the Court notes that the Respondent State’s
objection to admissibility based on non-exhaustion of local remedies is twofold; firstly, that the First Applicant should have filed an application for review
of the Court of Appeal’s decision and secondly, that the alleged violation of
the right to legal representation is being raised before this Court for the first
time.
13
Sébastien Germain Ajavon v. Republic of Benin (judgment) (4 December 2020) 4 AfCLR 133, § 85
and Diakité Couple v. Republic of Mali (jurisdiction and admissibility) (28 September 2017) 2 AfCLR
118, § 41.
14 Jibu Amir alias Mussa and Saidi Ally alias Mangaya v. United Republic of Tanzania (merits and
reparations) (2019) 3 AfCLR 629, § 34 and African Commission on Human and Peoples’ Rights v.
Republic of Kenya (merits), supra, §§ 93-94.
15 Laurent Munyandilikirwa v. Republic of Rwanda, ACtHPR, Application No. 023/2015, Ruling of 2
December 2021, § 74 and Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1
AfCLR 465, § 64.
12