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
©