violated are contained in the Charter, they need not be specifically
cited in the application.
Regarding the Respondent's objection to the application on the
52.
grounds of its incompatibility with the Charter of the Organization of
African Unity, now the Constitutive Act of the African Union, the Court
notes that this argument lacks merit. The Constitutive Act of the
African Union provides that one of the objectives of the African Union
shall be to promote and protect human and peoples' rights in
accordance with the Charter and other relevant human rights
instruments. In addition, the Court finds that the Applicant's
Application states facts which relate to human and peoples' rights
protected under the Charter. Moreover, the Court has decided on
this issue in Application Number 00112012 Frank David Omary and
Others v United Republic of Tanzania and Application Number
00312012 Peter Joseph Chacha v United Republic of Tanzania. In
the latter case, the Court found that" ... the Applicant's Application states
facts which revealed a prima facie violation of his rights; furthermore, the Court
finds that the Application relates
to human and peoples' rights protected under
the Charter, therefore the requirements of Article 3(1) of the Protocol and Article
56(2) of the Charter have been met".
II.
53.
Non-exhaustion of local remedies
The Respondent states that the application has not been filed
after exhausting local remedies. The Respondent states that the
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