prays the Court to declare the Application inadmissible.17 As to the
conviction of the Applicant on the basis of the doctrine of recent possession,
the Respondent State alleges that the Applicant had the legal remedy of
filing a review of the decision of the Court of Appeal, which he did not
pursue.
48. Furthermore, the Respondent State submits that the Applicant failed to
pursue the available local remedies before the national Courts: by not
raising the issue of the Court of Appeal not pronouncing itself on the
inconsistent referencing by District Court and High Court of the Criminal
Case numbers; not being accorded free legal representation during the trial;
the Court of Appeal’s reliance on evidence used for identification; and the
delay in the dispensation of justice.
49. Finally, the Respondent State submits that the remedy to institute a review
of the decision of the Court of Appeal was made known to the Applicant by
the prison authorities. However, the Applicant sought the court’s leave to
file an application for review,” ten (10) years after the Court of Appeal
delivered its decision on 1 June 2010”. Therefore, any so-called delay was
caused by the Applicant himself. On these submissions, the Respondent
State asserts that the admissibility requirement under Rule 40(5) of the
Rules of Court have not been met and the Application should therefore be
declared inadmissible and dismissed.
*
50. The Applicant contends that he has exhausted local remedies available in
the Respondent State’s judicial system. Moreover, he appealed to the Court
of Appeal of Tanzania, being the highest court in the Respondent State, in
Criminal Appeal No. 322 of 2007. Furthermore, he contends that the Court
17
Urban Mkandawire v. Republic of Malawi, ACtHPR, Application No. 003/2011, Judgment of 13 March
2011 (jurisdiction & admissibility), § 38.1-38.2; Peter Joseph Chacha v. United Republic of Tanzania,
ACtHPR, Application No. 003/2012, Judgment of 28 March 2014 (jurisdiction & admissibility), § 142-145
and African Commission on Human and Peoples’ Rights’ decision in Article 19 versus Eritrea.
14