001368 i. Objection based on failure to exhaust local remedies 38. The Respondent State avers that, with respect to the allegation that they were denied the right to be heard, the Applicants could have raised the issue as a ground of appeal before the Court of Appeal in Criminal Appeal No. 43 of 2012. The Respondent State further contends that the Applicants also had the remedy of filing a constitutional petition at the High court pursuant to the Basic Rights and Duties Enforcement Act [Cap 3 RE 2002]. 39. The Applicants, in their Reply, do not make any submission with respect to the Respondent State's objection that they should have raised the issue of their right to be heard as a ground of appeal. However, they submit that filing a constitutional petition in the High Court is not an applicable remedy in the present case. ln support of this contention, they refer to the judgment of this court in the case of Alex Thomas v. united Republic of ranzania and aver that they were not obliged to exhaust that remedy. court recalls that, as it has held in its case-law, remedies to be exhausted within the meaning of Article 56(5) are ordinary remedies. The Applicant is 40. The therefore not requested to exhaust extraordinary remedies.s 41. with respect to the opportunity of filing an appeal, the court considers that by its established case-law, the right whose violation is being alleged by the Applicants is part of a bundle of rights and guarantees, which formed the basis of the proceedings before the High Court and the Court of Appeal. Consequently, where the domestic judicial authorities had an opportunity to address the alleged procedural violation, even though the Applicants did not s See Application No. 006/2016. Judgment of 711212018 (Merits), Mgosi Mwita Makungu v. tJnited Republic of ranzania, g 46. see also A/ex Thomas v. Tanzania (Merits), SS 60-62; Mohamed Abubakari u. Tanzania (Merits), SS 66-70; and Application No. 011/2015. Judgment ol 28l}gt2}17 (Merits), Christopher Jonas v. United Republic of Tanzania, S 44. t4 @-