guarantees” relating to the right to a fair trial which was the basis of the
Applicants’ appeals.18 The domestic judicial authorities thus had ample
opportunity to address the allegations even without the Applicants having
raised them explicitly. It would, therefore, be unreasonable to require the
Applicants to file a new application before the domestic courts to seek
redress for this claim.19
41. The Court finds, therefore, that the Applicants have exhausted local
remedies since the Court of Appeal of Tanzania, the highest judicial organ
in the Respondent State, had upheld their conviction and sentence.
42. Accordingly, the Court finds that the Applicants have exhausted local
remedies, as envisaged under Article 56(5) of the Charter and Rule 50(2)(e)
of the Rules. The Respondent State’s objection is thus dismissed.
ii. Objection based on the failure to file the Application within a reasonable
time
43. The Respondent State argues that the Applicants did not file their
Application within a reasonable time as provided by Article 56(6) of the
Charter. According to the Respondent State, the judgment of the Court of
Appeal, concerning the Applicants, was delivered on 27 March 2014 but the
Applicants only filed their Application on 15 June 2016. The Respondent
State points out that it took two (2) years and two (2) months and eighteen
(18) days, after the Court of Appeal’s judgment, for the Applicants to file
their Application.
44. According to the Respondent State, although the Rules do not “quantify a
period of reasonable time, there are developments in international human
rights jurisprudence which have established that a period of six (6) months
is considered reasonable time.” In support of its position, the Respondent
State cites the decision of the African Commission on Human and Peoples’
18
19
Thomas v. Tanzania (merits), supra, § 60; Onyachi and Njoka v. Tanzania, ibid, § 68.
Ibid, §§ 60-65.
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