000113
language, nor is it based exclusively on news disseminated through the mass
media.
27.Regarding exhaustion of local remedies, the Applicant avers that he took steps
to meet senior political and administrative authorities of the country,
the
Police
department,
the
Office
of
the
Prosecutor,
the
notably,
Ministry
of
Infrastructure in charge of Transport, the Ministry of Internal Security in charge
of the Police, the Ministry of Justice, the Ombudsman,
the Prime
Minister’s
Office, the Parliament, the Senate, the President of the Republic, the National
Human
28.The
Rights Commission, the Rwanda Transparency and the civil society.
Applicant
envisaged
further
because when
contends
that
“seeking
redress
from
courts
was
not
presidential guards are involved in a matter, such a matter
runs the risk of not being determined
by the courts, and today the Application would
have been inadmissible following the deadline after the remedy provided under Article
339
of
Law
No.
18/2004
of
26/6/2004
on
the
Civil,
Commercial,
Social
and
Administrative Procedure Code”.
29.The Court notes that only ordinary judicial remedies must be exhausted> and
this
requirement
may
be
dispensed
with
only
if the
said
remedies
are
unavailable, ineffective, insufficient, or if the domestic procedures to pursue
them
are tinduly prolonged®.
In effect, the non-judicial
remedies
pursued
by
the Applicant are not considered material to the exhaustion of local remedies.
30.In
the
instant
case,
the
Court
notes
acknowledged
that he has not pursued
such
would
remedy
not
yield
any
that
the
local remedies
results
because
Applicant
has
clearly
alleging that, firstly, it
the
soldiers
of
the
Presidential Guard were involved and, secondly, that the deadline for filing an
5 Application No. 007/2013. Judgment of 3/6/2016 (Merits), Mohamed Abubakari v. United Republic of
Tanzania (hereinafter referred to as “Mohamed Abubakari v. Tanzania Judgment (Merits)”), § 64. See
also Application No. 005/2013. Judgment of 20/11/2015 (Merits), Alex Thomas v. United Republic of
Tanzania (hereinafter referred as to “Alex Thomas v. Tanzania Judgment (Merits)”) § 64; Application
No. 006/2013. Judgment of 18/3/2016 (Merits), Wilfred Onyango Nganyi & 9 Others v. United Republic
of Tanzania, § 95.
§ Application No 004/2013. Judgment of 05/12/2014 (Merits), Lohé Issa Konaté v. Burkina Faso, § 77.
See also Application No. 004/2013.
v Tanzania, § 40.
Ruling of 24/3/2014 (Jurisdiction
a
and Adm
mpssillly), Peter Chacha
L