52. The Court notes that pursuant to Article 56(5) of the Charter, whose
provisions are restated in Rule 50(2)(e) of the Rules, any application filed
before it shall fulfil the requirement of exhaustion of local remedies, unless
the same are unavailable, ineffective and insufficient or unless the domestic
proceedings thereof are unduly prolonged.15 The rule of exhaustion of local
remedies aims at providing states the opportunity to resolve cases of
alleged human rights violations within their jurisdiction before an
international human rights body is called upon to determine the State’s
responsibility for same.16 Moreover, for local remedies to be exhausted, the
Applicant must have presented before domestic courts, at least in
substance, the claims that he raises before this Court.
53. The Court reiterates its jurisprudence that:
... where an alleged human rights violation occurs in the course of the
domestic judicial proceedings, domestic courts are thereby afforded an
opportunity to pronounce themselves on possible human rights
breaches. This is because the alleged human rights violations form part
of the bundle of rights and guarantees that were related to or were the
basis of the proceedings before domestic courts. In such a situation it
would, therefore, be unreasonable to require the Applicants to lodge a
new application before the domestic courts to seek relief for such
claims.17
54. The Court observes that the Applicants’ allegations all revolve around
issues relating to the proceedings before the domestic courts. These are:
being convicted based on circumstantial evidence; the defence of alibi being
disregarded; not being tried within a reasonable time; not being afforded the
right to consular services; being coerced through torture to record a
15
Peter Joseph Chacha v. United Republic of Tanzania (admissibility) (28 March 2014) 1 AfCLR 398,
§§ 142-144; Almas Mohamed Muwinda and Others v. United Republic of Tanzania, ACtHPR,
Application No. 030/2017, Judgment of 24 March 2022 (merits and reparations), § 43.
16 African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9, §§ 93-94.
17 Amir and Another v. Tanzania, supra, § 37; Alex Thomas v. United Republic of Tanzania (merits) (20
November 2015) 1 AfCLR 465, §§ 60-65, Kennedy Owino Onyachi and Another v. United Republic of
Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 54; Karatta and Others v. Tanzania, supra, § 57.
16