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jurisdiction before an international human rights body is called upon to determine
the responsibility of the States for such violations.s
36.
ln its established jurisprudence, the Court has consistently held that an Applicant
is only required to exhaust ordinary judicial remedies.o Furthermore, in several
cases involving the Respondent State, the Court has repeatedly stated that the
remedies of constitutional petition and application for review of a judgment of the
Court of Appeal in the Tanzanian judicial system are extraordinary remedies that
an Applicant is not required to exhaust prior to seizing this Court.T
37.
The Court notes from the record that the Applicant filed an appeal against his
conviction and sentence before the Court of Appeal of Tanzania, the highest
judicial organ of the Respondent State, and on 29 July 2013, the Court of Appeal
upheld the judgment of the High Court, which had earlier upheld the judgment of
the District Court of Sengerema. ln addition to pursuing the ordinary judicial
remedies, the Applicant also, attempted to use the review procedure at the Court
of Appeal. The Respondent State therefore had the opportunity to redress his
violations.
38. lt is thus clear that the Applicant
has exhausted all the available domestic
remedies.
39.
For this reason, the court dismisses the objection that the Applicant has not
exhausted local remedies.
5Application No.006i2012. Judgmentof 26tOSl2O17 (Merits), African
Commission on Human and
Peoples' Rights v Republic of Kenya. gg 93-94.
6 Nex
Thomas v Tanzania (merits) (2015) 1 AfcLR 46s g 64; witfred onyango Nganyi and others v
Tanzania (merits) (2016) 1 AfCLR 507 S 95.
7 Alex Thomas v Tanzania (merits) (2015) I AfCLR 465.
$65; Mohamed Abubakariv Tanzania (merits)
(2016) 1 ArcLR 599, gg 66-70; Christopher Jonas v Tanzania (Merits), g 44.
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