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A. Conditions of admissibility in contention between the Parties
32. The Respondent
State submits that the Application does not comply with two
admissibllity requirements. First, on Rule 40(5) relating to exhaustion of local
remedies and second, on Rule 40(6) on the need for applications to be filed within
a reasonable time.
Objection relating to exhaustion of local remedies
33. The Respondent state alleges that this Application fails to comply with the
requirement of Rule 40(5) of the Rules because the Applicant did not exhaust
local remedies. Citing the African Commission on Human and peoples' Rights
(hereinafter referred to as "the Commission") in SAHR/NGON and Others v
Tanzania and Articb 19 v Eritrea, fhe Respondent state argues that the Applicant
ought to have complied with the requirement of exhaustion of local remedies that
applies to any international adjudication. The Respondent State avers that the
Applicant ought to have instituted a constitutional petition in the High Court of
Tanzania pursuant to the Basic Rights and Duties Enforcement Act, to remedy
the complaints of violations of fair trial rights that allegedly occurred during the
hearing of his appeal at the Court of Appeal of Tanzania.
34.
The Applicant avers that local remedies were exhausted and that he sought
redress at the High court and the court of Appeal before seizing this court. The
Applicant also states that his application for review of the Court of Appeal,s
judgment of 29 July 20'13 was yet to be heard by the time he filed the Application
before this Court.
35.
The court notes that pursuant to Rule a0 (5) of the Rules an application filed
before the Court shall meet the requirement of exhaustion of local remedies. The
rule of exhaustion of local remedies reinforces the primacy of domestic courts in
the protection of human rights vrs-ii-vis this court and, as such, aims at providing
States the opportunity to deal with human rights violations occurring in
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