opportunity to redress the violations alleged by the Applicant to have arisen
from those proceedings.17
42. In the instant case, the Court notes that the Applicant’s appeal before the
Court of Appeal, the highest judicial organ of the Respondent State, was
determined when that Court rendered its judgment on 23 February 2016.
Therefore, the Respondent State had the opportunity to address the
violations alleged by the Applicant arising from the Applicant’s trial and
appeals.18
43. Regarding the Respondent State’s contention that the Applicant ought to
have filed an application for review of the Court of Appeal’s judgment, the
Court has previously held that such an application for review is an
extraordinary remedy, which applicants are not required to exhaust.19
44. Regarding the Respondent State’s contention that the Applicant ought to
have filed a constitutional petition, the Court has similarly held that that the
constitutional petition procedure, within the Respondent State’s judicial
system, is an extraordinary remedy which applicants are not required to
exhaust.20
45. The Court, therefore, finds that the Applicant is deemed to have exhausted
local remedies since the Court of Appeal of Tanzania, the highest judicial
organ in the Respondent State, had upheld his conviction and sentence,
following proceedings which allegedly violated his rights.
46. In light of the foregoing, the Court dismisses the Respondent State’s
objection based on the non-exhaustion of local remedies.
17
Rajabu Yusuph v. United Republic of Tanzania, ACtHPR, Application No. 036/2017 Ruling of 24
March 2022 (admissibility), § 51.
18 Ibid, § 52.
19 Abubakari v. Tanzania (merits), supra, § 78.
20 Thomas v. Tanzania (merits), §§ 63-65.
14