o0o112
appeal
had
already
lapsed
as
at the
time
the
proceedings
before
the
administrative and political authorities were concluded.
31.On the first allegation, the Court notes that, without any supporting evidence,
the
Applicant
simply
argues
that the
proceedings
before
the
Respondent
State’s jurisdictions were futile because the soldiers of the Presidential Guard
were involved. This Court has held that “general statements ... are not enough.
More substantiation is required.”” The Court therefore dismisses this allegation.
32.On the second allegation, the Court notes that the Applicant has not submitted
his appeal before the domestic courts within reasonable time because,
claims,
he was
attempting
political bodies. However,
to seek
resolution
before
the administrative
as he
and
nothing prevented the Applicant from pursuing non-
judicial avenues at the same time as he pursued judicial remedies.
He ought
to have exercised the requisite remedies so as to exhaust the local remedies.
33.In light of the foregoing, the Court finds that the Applicant has not exhausted
the remedies available in the Respondent State, and that none of the grounds
adduced for not doing so, falls within the exceptions provided under Rule 40(5)
of the Rules.
34.Having
found
that
domestic
remedies
have
not
been
exhausted,
and
considering that the conditions for admissibility are cumulative, the Court will
not proceed to examine the last condition of admissibility set out in Rule 40 of
the Rules.®
35.Based on the foregoing, the Court declares the application inadmissible.
Vil.
Costs
36.The
Court
notes
that
Rule
30
of its Rules
provides
that:
“unless
otherwise
decided by the Court, each party shall bear its own cost.”
? Alex Thomas v. Tanzania (Merits), § 140.
8 Application
No.
022/2015.
Judgment
of 11/5/2018
Chrysanthe v. United Republic of Tanzania, § 48.
(Jurisdiction
and
Admissibility),
Rutabingwa