110. The Respondent avers further that the Applicants never raised issues of delay when
they were seeking these remedies, thus refuting "the allegations that the
Respondent caused any delay in Criminal Application 16 of 2006, which actually
ceased to exist on 19 March 2013, after being quashed by the Court of Appeal"
111. The Respondent argues that the Applicants never complained about the progress of
Application 16/2006 as they themselves were vigorously pursuing their rights and
seeking local remedies within the national jurisdiction through this Application, and
that throughout the trials, the Applicants were able to afford defence counsel and
were represented.
iii.
The Court's Findings on the Merits of the Application
112. The Court takes cognizance of the fact that in their Application, the Applicants allege
that the Tanzanian Police "forcefully kidnapped and abducted [them] in collusion with
Mozambican and Kenyan Police Officers", and illegally handed them over to
Tanzanian authorities, and that they have challenged their alleged forceful kidnap
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and abduction in the High Court of Tanzania at Moshi, and this case ' has been
delayed since January 2006''.
113. However, it is the Court's understanding that what the Applicants have actually
brought before this Court is the alleged prolonged and undue delay in finalising this
case of alleged forcefully kidnapped and abduction, which is Criminal Application 16
of 2006, still pending before the High Court of Tanzania at Moshi, together with
Criminal Case 2 of 2006 and Criminal Case 10 of 2006. The Court is therefore not
called upon to investigate the circumstances under which the Applicants were
brought into Tanzania, a matter that was raised only before the domestic courts and
not before this court.
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