principle of law, the right to seize a national court, but the fact that he had
been arrested and then expelled immediately to Kenya, did not afford him
the possibility of exercising such a remedy. Besides, when he later found
refuge in the no-man's land, it was very difficult for him to exercise this
remedy.
115.
The Court finds in conclusion that, by declaring the Applicant an "illegal
immigrant" thereby denying him Tanzanian nationality, which he has, until
then enjoyed, without the possibility of an appeat before a national court,
the Respondent State violated his right to have his cause heard by a judge
within the meaning of Article z(1) (a), (b) and (c) of the
lccpR.
116.
The Court notes further that the Tanzanian Citizenship Act contains
gaps in as much as it does not allow citizens by birth to exercise judicial
remedy where their nationality is challenged as required by international
law. lt is the opinion of the Court that the Respondent State has the
obligation to fillthe said gaps.
B.
Other alleged violations
117.
The Applicant submits that the Respondent State since 1 September,
2014, abandoned him
in the "lawress no man's land" in
inhuman,
humiliating and degrading conditions, characterized by lack of drinking
water, food and security, thus subjecting him to numerous physical and
psychological ordeals.
1
18.
He also alleges that the Respondent State violated a number of his
rights guaranteed under various human rights instruments among which
are the African charter on Human and peoples, Rights, the Universal
Declaration of Human Rights, the lnternational Covenant on Civil and
Political Rights and the lnternational Covenant on Economic, Social and
Cultural Rights. He refers specifically to: the right to wellbeing, the right to
the enjoyment of the highest attainable standard of physical and mental
health (Article 16 of the Charter); the right to free movement and to choose
one's residence in one's country (Article 12 of
Cha
the right to
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