years and five (5) months after the Respondent made the declaration
under Article 34(6) of the Protocol. For these reasons, the Court finds
that the application has been filed within a reasonable time after the
exhaustion of local remedies as envisaged by Article 56(5) of the
Charter. The Court therefore overrules this preliminary objection and
dismisses the same.
Respondent's objection to the alleged introduction of new
issues by the Applicant
75.
Following the Respondent's Response dated 5 February 2014,
to the Application, the Applicant filed, in conformity with the deadline
provided by the Court, a Reply dated 8 April2014 responding to the
Respondent's Response. The Applicant sought the reliefs listed in
paragraphs 17, 19 and 20 above.
76.
During the public hearing, the Respondent raised an objection
to the Applicant's Reply to the Respondent's Response. The
Respondent contended that "...
the Rejoinder has raised new issues, which
were not part of the Application, being issues related to both jurisdiction and
admissibility of the case."
The Respondent maintained that,
"a Rejoinder is
only meant to address and answer issues raised in the Reply and not to raise new
issues. However, the so-called Rejoinder by the Applicant is a fresh Application, which
raises new allegations."
The Respondent further stated that, this results
in an unfair situation and is contrary to the principle of equality of
arms. The Respondent also stated that the
"Court should only address itself
on the issues raised in the Application and not the issues raised in the purported
Rejoinder. This is especially as there is no provision for a Sur-Rejoinder in the Rules of
Court."
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