73.
It must be said, moreover, that in the instant case, the Applicant tried to exercise this
remedy, but the Court of Appeal is yet to take any action.
74. Regarding the Respondent State’s argument, contested by the Applicant, to the effect
that the latter brought before the national courts only one complaint out of the nine he
filed before this Court, it is clear from the judicial records filed with the Court by the Parties
that:
i) Of the
nine
issues
the
Respondent
raised
in response
to the Applicant's
pleadings, only a particular issue, relating to the fact that the charge was allegedly
defective was consistently raised as a legal issue/substantive ground of appeal.
ii)
Five other issues were raised in passing or may be imputed from or form the
basis of the factual
narrative of the Applicant.
These
are, namely that he was
detained at the police post which had no basic facilities; that Section 32(1) and (2)
and Section 33 of the Criminal
Procedure Act were not complied with, that at the
Police Station he had no legal representation and was not availed his right to call
a lawyer or have his statement taken, and that he was not accorded the right to be
represented and defended and that he was discriminated against.
iii) Three issues were not addressed at the national level, namely the Judgment of
the Trial Court was delivered contrary to Section 311
of the Criminal Procedure
Act; that the sentence was improper; and that the 30 year prison sentence meted
out to him was excessive.
75. It is therefore clear that most of the complaints brought before this Court had been
raised before Tanzanian national courts, in one way or the other.
76.
In any event, the Court notes that all of these complaints essentially relate to one and
the same right, i.e. the right to a fair trial, which the Applicant has repeatedly demanded
before the national courts. It therefore follows that even if the complaints in question had
not been submitted in detail to the national courts, the Respondent State would not be
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