51. However, it is quite apparent in the instant case that the violations alleged herein, as already indicated, are all related to the right to a fair trial and fall within the ambit of the Charter which guarantees such rights in its Article 7, and of the Constitutive Act in its Articles 3(h) and 4(m) which set forth the promotion and protection of human well as respect of human rights, as a fundamental principle and rights, as objective of the continental organisation. 52. For all the aforementioned reasons, the Court dismisses the objection regarding the Application’s incompatibility with the Constitutive Act of the African Union and the Charter. C) Objection based on non-exhaustion of local remedies 53. Firstly, in its Response, the Respondent State, after reaffirming the principle of exhaustion of local remedies in international law, argues that it was premature on the part of the Applicant to submit the instant case to this Court given the fact that it still had local remedies available to him. According to the Respondent State, after the 1999 decision of the High Court, the Applicant first had the possibility of lodging a petition regarding the alleged violations of his constitutional rights, based on the Basic Rights and Duties Enforcement Act No. 9, Chapter 3, Revised Edition of 2002. 54. At the Public Hearing, the representative of the Respondent State reiterated, in substance, that whereas the Applicant had the possibility of seising the High Court on the alleged violation of his basic rights as guaranteed by the Constitution, as he was allowed to under the Constitution and the law, he chose not to and had thus not exhausted this remedy afforded him by the Tanzanian legal system. 55. Then, in its Response, the Respondent State argued that after the High Court decision of 2000 (sic), the Applicant also had the possibility of filing an Application for review of the judgment of that Court pursuant to the Rules of Procedure of that Court. The Respondent State, in conclusion, stated that the Applicant having not availed himself of that remedy, Q e — a ©

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