United Republic of Tanzania, Application no. 011/2011 paragraph
82. 3, the Court held that: "The term local remedies is understood in
human rights jurisprudence to refer primarily to judicial remedies as
these are the most effective means of redressing human rights
violations. What the Court needs to determine in this case is whether
f)
the Applicant has exhausted local judicial remedies.
38.2 The Inter-American Commission of Human Rights (IACHR) stated in
Mariblanca Staff Wilson and Oscar E. Ceville v. Panama. Case 12.303.
Report No. 89/03, Inter-Am. C.H.R., OEA/Ser.UV/11.118 Doc. 70 rev. 2 at
531 (2003), paragraph 35 and 36 as follows:
35. In the present situation, the State argues that the
11
petitioners did not exhaust domestic remedies because the
tamparo' brought by the presumed victim was not the
appropriate remedy
It argues that in reality the petitioners
should have presented a motion of unconstitutionality ...
36. In support of its arguments, the State invokes the decision
of the Supreme Court . . .... in which the court, analyzing the
'amparo' brought by the alleged victim, ruled that the tamparo'
was not the appropriate remedy because the challenged law
was a legislative act of a general nature issued by an authority
constitutionally empowered to do so. . .. and that it was not
susceptible to challenge through 'amparo ' for constitutional
protection . . .. . The court concluded that this type of challenge
must
be
pursued
through
independent
unconstitutionality. The State argues
action
for
tbaf-.t~etitioners
failed
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[20]
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