00c828
"Pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the
Protocol refers, Applications to the Court shall comply with the following conditions:
1.
disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
2.
3.
4.
5.
6.
comply with the constitutive Act of the Union and the charter;
not contain any disparaging or insulting language;
not be based exclusively on news disseminated through the mass media;
be filed after exhausting local remedies, if any, unless it is obvious that the
procedure in unduly prolonged;
be filed within a reasonable time from the date local remedies were exhausted or
from the date set by the Court as being the commencement of the time limit within
which it shall be seized with the matter; and
7.
not raise any matter or issues previously settled by the parties in accordance with
the principles of the Charter of the United Nations, the Constitutive Act of the
African Union, the provisions of the Charter or of any legal instrument of the African
Union."
A. conditions of admissibility in contention between the parties
36. The Respondent State raised objections in retation to the exhaustion of local
remedies and as to whether the application was filed within a reasonable time.
objection based on the alleged fairure to exhaust local remedies
37. The Respondent
State contests
the
admissibility of the Application on the
grounds that the Applicant cannot plead before this Court the violation of his
right to afair trial underArticle 13(6)(a) of the Tanzanian Constitution and 7(1)(c)
of the Charter, as he has failed to exhaust available local remedies within its
jurisdiction, especially that of filing a constitutional petition, as provided by Article
30(3) of the Tanzanian Constitution and in the Basic Rights and Duties
Enforcement Act, as revised in 2002.
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