Arusha, 28March 2014-On Friday, 28March 2014, the African Court on Human and Peoples’ Rights declaredtwo cases brought against the United Republic of Tanzania inadmissiblefor non-exhaustion of local remedies as required by Article 6(2) of the Protocol read together with Article 56(5) of the Charter and Rule 40(5) of the Rules.
The two Applications in question areApplication No 001/2012: Frank D. Omary and others v. the United Republic of Tanzaniaand Application 003/2012: Peter Joseph Chacha v. the United Republic of Tanzania.
The Applicants in the first case, a group of ex-employees of the East African Community (EAC), alleged that the Government of Tanzania failed to implement commitments it undertook on 17 May 1984, following the dissolution of the then EAC. The commitments consisted in the payment of reparations on the assets and liabilities of the EAC, as well as the pension and benefits of the ex-employees. The Applicant in the second case, Mr Peter Joseph Chacha, alleged that he was unlawfully arrested, detained, charged and imprisoned contrary to Sections 13(1) (a) and (b) and 13 (3) (a), (b) and (c) of the Criminal Procedure Act (CPA), Chapter 20 of the Laws of The United Republic of Tanzania.
In response to the allegations of the Applicants in both cases, the Respondent, the Government of the United Republic of Tanzania,raisedseveralpreliminary objections, including objections on the lack of jurisdiction rationemateriae, on the inadmissibility of the Applications for incompatibility with the African Charter,on the inadmissibility of the Application for non-exhaustion of local remedies, etc.
After considering arguments from the parties, the Court overruled most of objections and upheld the preliminary objection on the inadmissibility of the Application for non-exhaustion of local remedies as required by Article 6(2) of the Protocol read together with Article 56(5) of the Charter and Rule 40(5) of the Rules. Therefore, it found that both Applicationswere not admissibleon the grounds that Applicants have not exhausted local remedies before submitting theircases before it, and decided that the matters were not to be considered on their merits.
Members of the public and the media attended the public delivery of the rulingsat the Court’s premises (Kibo Hall), located in the Phase II, Mwalimu Julius Nyerere Conservation Centre (next to TANAPA Office), Dodoma Road. Others followed it live online at www.livestream.com/afchpr .