005071 * ¥ te 36. The Court recalls its jurisprudence in the Matter of Frank David Omary v. United Republic of Tanzania in which it held that it “...has the power to exercise its jurisdiction over alleged instruments violations, in relation to the ratified by the Respondent’’ subsequent cases®. relevant The human Court rights also held guaranteed similar positions by in The Court notes that the Applicant alleges violations of rights guaranteed by the Charter, specifically, Articles 2, 3 and 7 thereof. 37.Based on the foregoing, the Court dismisses this objection. ili, Objection that domestic courts have jurisdiction over human rights matters 38. The Respondent State avers that its Constitution explicitly spells out the procedure by which domestic courts exercise their jurisdiction over alleged human rights violations which the Applicant was free to pursue. 39. For his part, the Applicant contends that this Court has jurisdiction to hear this matter on the basis of the rights violated in the Charter and other instruments to which the Respondent State Is a party to. KK 40.This Court affirms the jurisdiction human rights issues. Application means of the Respondent State’s Courts to adjudicate Indeed, sub-Rule 40 (5) of the Rules require that before any is filed in this Court, local remedies must have that the Applicant must have seized the Respondent been exhausted. This State’s Courts before ’ Application No. 001/2012. Ruling of 28/3/2014 (Jurisdiction and Admissibility) Frank David Omary v. United Republic of Tanzania, § 75; 8 Application No. 001/2012, Ruling of 28/3/2014 (Jurisdiction and Admissibility) Frank David Omary v United Republic of Tanzania, § 75; see also Application No. 005/2015 Judgment of 20/11/2015 (Merits) Alex Thomas v Tanzania (Merits), § 45; Application No. 046/2016, Judgment of 11/5/2018 (Merits and Reparations), APDF and IHRDA v Republic of Mali, § 27, Application No. 001/2015, Judgement of 7/12/2018 (Merits and Reparations), Armand Guehi v United Republic of Tanzania, § 31, Application No. 025/2016. Judgment of 28/3/2019 (Merits and Reparations), Kenedy Ivan v. United Republic of Tanzania, § 27.

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