43. The Applicant asserts that the domestic courts ought to have tried his case
by applying all applicable laws and rules. He argues that by not doing so,
the Respondent State failed to dispense justice.
***
44. The Court notes that pursuant to Article 56(5) of the Charter, whose
provisions are restated in Rule 50(2)(e) of the Rules, any application filed
before it shall fulfil the requirement of exhaustion of local remedies, unless
the same are unavailable, ineffective and insufficient or the domestic
proceedings are unduly prolonged.11
45. 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 it rendered its judgment on 20 February 2016.
46. The Court reiterates its jurisprudence, where it held that:
[…] where an alleged human rights violation occurs in the course of the
domestic judicial proceedings, domestic courts are thereby afforded an
opportunity to pronounce themselves on possible human rights
breaches. This is because the alleged human rights violations form part
of the bundle of rights and guarantees that were related to or were the
basis of the proceedings before domestic courts. In such a situation it
would, therefore, be unreasonable to require the Applicants to lodge a
new application before the domestic courts to seek relief for such
claims.12
11
Peter Joseph Chacha v. United Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR 398,
§§ 142-144; Almas Mohamed Muwinda & Others v. United Republic of Tanzania, ACtHPR, Application
No. 030/2017, Judgment of 24 March 2022 (merits and reparations), § 43.
12 Jibu Amir alias Mussa and Another v. United Republic of Tanzania (merits and reparations) (28
November 2019) 3 AfCLR 629, § 37; Alex Thomas v. United Republic of Tanzania (merits) (20
November 2015) 1 AfCLR 465, §§ 60-65, Kennedy Owino Onyachi and Another v. United Republic of
Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 54; Ernest Karatta, Walafried Millinga, Ahmed
Kabunga and 1744 Others v. United Republic of Tanzania, ACtHPR, Application No. 002/2017,
Judgment of 30 September 2021 (merits and reparations), § 57.
13
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