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.15
43. In the instant Application, the Court finds that the Applicants’ allegations
form part of the “bundle of rights and guarantees” relating to the right to a
fair trial that led to their appeal. Thus, there was no need for them to go back
to the High Court.16 As the Court has previously stated, the “bundle of rights
and guarantees” applies, among others, in circumstances where (i) the
issue to be bundled should be inherently connected to other issues that
were expressly raised and adjudicated in the course of domestic
proceedings;17 or (ii) the said issue was or is deemed to have been known
to the domestic judicial authorities.18
44. In the present Application, the Respondent State had the opportunity to
address the possible human rights breaches raised by the Applicants when
the matter was brought before the domestic courts. The allegations relating
to the fairness of the trial and reliance on allegedly questionable evidence
are all matters which fall within the bundle of rights and guarantees. The
Applicants’ grievances before this Court, naturally and implicitly, flow from
the Applicants’ complaints in the High Court and the Court of Appeal.
45. Consequently, the Court dismisses the Respondent State’s objection and
holds that the Applicants exhausted local remedies as envisaged under
Article 56(5) of the Charter and Rule 50(2)(e) of the Rules.
15
Jibu Amir alias Mussa and Another v. United Republic of Tanzania (merits and reparations) (28
November 2019) 3 AfCLR 629, § 37; Thomas v. Tanzania (merits), supra, §§ 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.
16 Thomas v. Tanzania (merits), supra, § 60.
17 Onyachi and Njoka v. Tanzania (merits), supra, § 54; Viking and Nguza v. Tanzania (merits), supra,
§ 53; Thobias Mang’ara Mango and Shukurani Masegenya Mango v. United Republic of Tanzania
(merits) (11 May 2018) 2 AfCLR 314, § 46.
18 Thomas v. Tanzania (merits), supra, § 60 and Sadick Marwa Kisase v. United Republic of Tanzania,
ACtHPR, Application No. 005/2016, Judgment of 2 December 2021 (merits and reparations), §§ 38-39.
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