remedies, as he went through all the required criminal trial processes up to
the Court of Appeal, which is the highest court in the Respondent State.
***
47. The Court takes note that, in accordance with Rule 50(2)(e) of the Rules,
any application submitted before it must fulfil the requirement of exhaustion
of local remedies unless they are unavailable, ineffective, or the procedures
to pursue them are unduly prolonged.10 This requirement seeks to ensure
that States have the opportunity to address human rights violations
occurring within their jurisdiction before an international body is called upon
to intervene. It underscores the subsidiary role of international human rights
bodies in safeguarding human and peoples’ rights. Throughout its
established jurisprudence, the Court has consistently upheld that for this
admissibility requirement to be fulfilled, the remedies to be exhausted must
be ordinary judicial remedies.11
48. In the present case, the Court observes that the Court of Appeal, which is
the highest court in the Respondent State, dismissed the Applicant’s appeal
on 27 October 2014. While the Applicant contends that he had lodged an
application for review of this decision, the appellate procedure through
which the Court of Appeal upheld the conviction and sentence is the final
ordinary judicial remedy accessible to the Applicant in the Respondent
State.
49. With regard to the Respondent State’s contention that the Applicant did not
raise any issue on the credibility of prosecution witnesses during domestic
proceedings, the Court is of the view that this alleged violation occurred in
the course of the domestic judicial proceedings that led to the Applicant’s
10
Thomas v. Tanzania (merits), supra, § 64; Kennedy Owino Onyachi and Charles Mwanini Njoka v.
United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 56; Werema Wangoko
Werema and Wasiri Wangoko Werema v. United Republic of Tanzania (merits) (7 December 2018) 2
AfCLR 520, § 40.
11 Wilfred Onyango Nganyi and 9 Others v. United Republic of Tanzania (reparations) (4 July 2019) 3
AfCLR 308, § 95.
13