or were the basis of their appeals. The domestic authorities thus had ample
opportunities to address these allegations even without the Applicants having
raised them explicitly. It would therefore be unreasonable to require the
Applicants to lodge a new application before the domestic courts to seek
redress for these claims?
55. With regard to the other two claims relating to the procedural irregularities
claimed to have existed in the identification parade and the alleged violation of
the Applicants' presumption of innocence contrary to article 7 of the Charter,
the records available before the Court show that the Applicants raised these
matters before the domestic courts. 8 Therefore, the Applicants have exhausted
local remedies with respect to such claims.
56. Furthermore, the jurisprudence of this Court has established that the
requirement of exhaustion of local remedies is applicable only with respect to
ordinary, available and efficient judicial remedies but not extraordinary or nonjudicial remedies. In this regard, the Respondent alleges that the Applicants
could have filed a constitutional petition to the High Court before they bring their
matter to this Court. On this issue, this Court has held that the said constitutional
review is "not common, that it is not granted as of a right and that it can be
exercised only exceptionally... and is available as extraordinary remedy" in the
Respondent State, thus, the Applicant was not required to pursue it. 9 In the
same vein, it was not necessary for the Applicants in the instant Application to
approach the High Court to seek constitutional redress for the violations of their
rights because such remedy was extraordinary.
57. In view of the foregoing, the Court therefore decides that the requirement of
exhaustion of local remedies is satisfied in the instant Application in terms of
Article 56 (5) of the Charter.
7 Alex Thomas v The United Republic of Tanzania, Application No. 005/2013, Judgment of 20
November 2015 (hereinafter referred to as Alex Thomas Case), para. 60-65
8 Judgment of High Court of Tanzania, p. 250
9 Abubakari Case, para. 72
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