001088
representative(s). Rule 40(1) further requires that the application shall disclose the
identity of the Applicant.
48.In
the instant Application,
the
Court
notes
from
the
record
that the Application
contains the identity of the author, that the facts are well elaborated, and the issues
raised therein are fairly precise. In addition, the Application was signed and in his
Reply,
the
asserted
Applicant
that
he
has
clearly
specified
exhausted
the alleged
all local
remedies
human
by
rights violations,
attaching
copies
and
of the
judgments of the local courts.
49. The
Court
accordingly
requirements
of form
and
holds
that
offers
the
instant
Application
sufficient details
for the
fulfils
the
Respondent
basic
State
to
understand the content of the Applicant's grievances and for the Court to consider
the matter.
50. The Court thus dismisses the Respondent State’s objection based on the form and
content of the Application.
ii.
Objection based on non-exhaustion of local remedies
51.The Respondent State submits that given that legal remedies exist to address the
grievances raised by the Applicant but were not exercised, the latter failed to comply
with the conditions of admissibility relating to exhaustion of local remedies stipulated
under Rule 40(5) of the Rules.
52. The Respondent State further submits that the Applicant provided no explanation as
to whether
local remedies were
not exhausted for reasons
beyond
his control or
whether the said local remedies are merely ineffective, insufficient and impractical.
53. The Respondent State also avers that between 2013 and 2014, the Applicant filed
before
the
High
Court at Bukoba,
three criminal
14
applications for habeas
corpus