of exhaustion of local remedies aims at providing States the opportunity to
deal with human rights violations within their jurisdictions before an
international human rights body is called upon to determine the State’s
responsibility for the same.16
42. The Court recalls its position where it held that, in so far as the criminal
proceedings against an applicant have been determined by the highest
appellate court, the Respondent State will be deemed to have had the
opportunity to redress the violations alleged by the Applicant to have arisen
from those proceedings.17
43. In the instant case, the Court notes that the Applicant’s appeal before the
Court of Appeal, the highest judicial organ of the Respondent State, was
determined when that Court rendered its judgment on 29 June 2011.
Therefore, the Respondent State had the opportunity to address the
violations alleged by the Applicant arising from the Applicant’s trial and
appeals.18
44. With regard to the Respondent State’s contention that the Applicant did not
raise the issue of legal aid during domestic proceedings, the Court is of the
view that this alleged violation occurred in the course of the domestic judicial
proceedings that led to the Applicants conviction and sentence to thirty (30)
years’ imprisonment. The allegation forms part of the “bundle of rights and
guarantees” relating to the right to a fair trial which was the basis of the
Applicant’s appeals.19 The domestic judicial authorities thus had ample
opportunity to address the allegation even without the Applicant having
raised it explicitly. It would, therefore, be unreasonable to require the
Applicant to file a new application regarding his fair trial rights to the High
Court, which is a court lower than the Court of Appeal.20
African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9, §§ 93-94.
17 Rajabu Yusuph v. United Republic of Tanzania, ACtHPR, Application No. 036/2017 Ruling of 24
March 2022 (admissibility), § 51.
18 Ibid, § 52.
19 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 62.
20 Ibid, §§ 60-65.
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