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 rights, as
well as respect of human rights , as a fundamental principle and 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 ,
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