005070
filing an Application before this Court. However, as stated in paragraph 37 above, the
Court
has held
in Frank David
jurisdiction when human
Omary
v United Republic of Tanzania
that it has
rights violations have been alleged. Therefore, the fact that
domestic courts have jurisdiction over human rights issues cannot oust the jurisdiction
of this Court which it exercises by virtue of Articles 3, 5 and 34 (6) of the Protocol. The
Respondent
State cannot therefore claim that such jurisdiction is limited only to its
domestic courts.
41 .Based on the above, the Court dismisses this objection.
iv. Objection that the Court cannot review decisions of the Supreme Court
42. The Respondent State avers that decisions of its Supreme Court cannot be subject to
an appeal
or review by an international tribunal, including this Court, because
the
Respondent State is sovereign.
43. The Applicant did not address this issue.
kA
44,
The Court recalls its decision
in Ernest Francis Mtingwi v. Republic of Malawi,° in
which it noted that it is not an appellate body with respect to decisions of national
courts.
Republic
However,
the
Court emphasised
of Tanzania
proceedings
accordance
in the
that
national
“this
does
courts
with the standards
in
in the matter of Alex
not
order
preclude
to
it from
determine
set out in the Charter
or any
Thomas
v. United
examining
whether
relevant
they
other human
are
in
rights
instruments ratified by the State concerned”."°
45. Consequently, the objection of the Respondent State is dismissed.
° Application
Malawi §14.
No. 001/2013.
Decision
of 15/03/2013
(Jurisdiction),
Ernest Francis Mtingwi v Republic of
10 Alex Thomas v Tanzania Judgment (Merits) § 130. See also Application No. 010/2015. Judgment of
28/09/2017 (Merits), Christopher Jonas v. United Republic of Tanzania, § 28; Application No. 003/2014.
Judgment of 24/11/2017 (Merits), Ingabire Victoire Umuhoza v. Republic of Rwanda, § 52; Application No.
007/2013. Judgment of 03/06/2013 (Merits), Mohamed Abubakari v. United Republic of Tanzania, § 29.
ne
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