000861
i.
Objection relating to exhaustion of local remedies
27.The Respondent State, citing the decision of the African Commission on Human and
Peoples' Rights of southem Afican Human rights NGo Network and others v
Tanzania, avers that the requirement of exhaustion of local remedies is an essential
principle in international law and that the principle requires a complainant to "utilise all
legal remedies" in the domestic courts before seizing an international human rights
body like the Court.
28.|n this regard, the Respondent State submits that there were legal remedies available
to the Applicants which they should have exhausted. The Respondent State contends
that it enacted the Basic Rights and Duties Enforcement Act, to provide the procedure
for the enforcement of constitutional and basic rights as set out in Section 4 thereof.
29.According to the Respondent State, the rights claimed by the Appticants are provided
for under Article 13(6)(a) of the Constitution of Tanzania ol 1977, noting that though
the Applicants are alleging violations of the various rights under the Constitution; they
did not refer the alleged violations to the High Court during the trial as required under
Section 9 (1) of the Basic Rights and Duties Enforcement Act.
30.The Respondent State submits that the Applicants' failure to refer the violations of
their rights to the High Court or to raise them during the trial, denied it the chance to
redress the alleged violations at the domestic level.
31.The Respondent State also reiterates its submission that the Applicants' allegations
are being raised for the first time before this Court and thus it was never given an
opportunity to address them in its national courts.
32.The Applicants submit that the principle of exhaustion of local remedies is indeed
recognised in international human rights law. Nevertheless, they argue that having
been convicted in the District Court, they filed appeals in both the High Court and the
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