000 0Bg
32. As it previously affirmed, the Court holds that:
"... the local remedies to be exhausted
by applicants are the ordinary judicial remedies3", unless it is obvious that these
remedies are unavailable, ineffective, and insufficient or that the procedures
therein are unduly prolongeda. lt follows, therefore, that the non-judicial remedies
exercised by the Applicant in the instant case are irrelevant as regards the
exhaustion of local remedies.
33.
ln this case, the Applicant clearly stated that he had not exhausted the domestic
remedies, claiming that:
i. such remedies would not be feasible because a member of the
Republican Guard was involved.
ii. the time limit for filing a case before national jurisdictions elapsed upon the
mmpletion
of the
proceedings before
the administative and
political
authorities.
34. With regard to the first allegation, the Court holds that the Applicant alleges that
the proceedings before the Respondent State's judicial authorities are not
feasible, without adducing evidence in support of this allegation. The Court,
therefore, dismisses allegations.
35. With regard to the second allegation, the Court notes that the Applicant did not
file his case before the national courts, as he claims to have sought to settle the
dispute before the administrative and political authorities. However, there was
nothing preventing him from exercising both judicial and non-judicial remedies at
3
Application No. 007/2013. Judgmenl of 31612016
-
Mohamed Abubakai v. United Republic of Tanzania,
S 64. See also Application No. 005/2013. Judgment ot 2011112015 - Alex Thomas v. Tanzania, $ 64 and
Application No. 006/2013. Judgment ot 101312016 - Wilfred Onyango Ngani & 9 Others v. United Republic
of Tanzania, $ 95.
a
Application No. 004i2013. Judgment on 511212014 (Merits) - Loh6 /ssa Konatb v. Burkina Faso, $ 77.
See also Application No. 003/2012. Ruling (Admissibility and Jurisdiction) - Peter Chacha v. Tanzania, $
40.
5
Alex Thomas v. Tanzania, lbid, S 140
9