the Application did not meet the requirements set down in Article 40 (5) of the Rules of
this Court and should therefore be dismissed with costs against
56.
At the
Public
Hearing,
the
representative
of the
the Applicant.
Respondent
State
however
recognised that the Applicant finally filed an Application for review in 2013, raising issues
of identification and the credibility of the witness who identified him, as well as issues
which according to the Respondent State had never been examined by the lower courts
because the Applicant seised both the Court of Appeal
same
time. The
representative of the Respondent
and this Court at one and the
State further pointed
out that the
Application for review was, in his opinion, an ordinary remedy and that the Court of Appeal
should have been able to dispose of it within 24 months.
57.
Lastly,
at the same
Public
Hearing,
the
representative
of the Respondent
State
reiterated that the Applicant had not availed himself of the remedy on the constitutional
issue before the High Court, and that the Application for review was still pending before
the Court of Appeal. He further maintains that, of all the nine complaints submitted by the
Applicant before the African Court, only the complaint relating to issues of identification
had been
raised at the national level. In conclusion, the Respondent
State averred that
since it never had the opportunity to examine the other complaints, the Applicant has not
exhausted local remedies and his Application should be declared inadmissible.
58. In his Reply,
possible,
the Applicant indicated
after the exhaustion
of local
that his Application was filed, to the extent
remedies
given
the fact that the only option
available to him was being unduly prolonged as the Court of Appeal of Tanzania wasted
too much time before accepting his Application for Review No. 11 of 2013.
59. At the Public Hearing,
Counsel
for the Applicant,
relying on the case
law of the
Commission, argued that the remedies, exhaustion of which is required, are only ordinary
judicial remedies, and not the extraordinary remedies available in the Respondent State.
20
Me
4
ee
Ke