000830
Application include the following: imprisonment, being lay without the benefit of
legal assistance, indigence, illiteracy, lack of awareness of the existence of the
court, intimidation and fear of reprisals and the use of extraordinary remedies.e
51.
ln the present matter, the court notes that the court of Appeal dismissed the
Applicant's appeal on g April 2003 and that the Applicant filed this Applieation on
16 september 2015. The court further notes that the Respondent state
deposited its Declaration under Article 34(6) on 29 March 2010, allowing
individuals and non-governmental organisations to directly access the Court. ln
total, therefore, the Applicant filed this Application five (5) years and six (6)
months after the Respondent State deposited its Declaration. The question that
remains, therefore, is whether, in the circumstances of the case, the period of
five (5) years and six (6) months is reasonable.
52.
The court notes that in Amiri Ramadhani v tJnited Repubtic of ranzanialo and
Christopher Jonas v United Republic of Tanzaniall it held that the period of five
(5) years and one (1) month was reasonable owing to the circumstances of the
Applicants. ln these cases, the Court took into consideration the fact that the
Applicants were imprisoned, restricted in their movements and with limited
access to information; they were lay, indigent, did not have the assistance of a
lawyer in their trials at the domestic court, were illiterate and were not aware of
the existence of the court. Again, in werema wangoko and another v. tJnited
Republic of ranzania,l2 the court decided that the Applicants, having used the
review procedure, were entifled to wait for the review judgment to be delivered
and that this justified the filing of their Application flve (5) years and five (5)
months after exhaustion of local remedies.
e
Application No. 015/2015. Ruling of 26/09/2019 (Jurisdiction and Actmissibility), Godfred Anthony and
lfunda Kisite v United Republic of Tanzania S 43.
10 Application
No.010 of 2015. Judgment of 11t05t2}18 (Merits), Amiri Ramadhani v. United Repubtic
of Tanzania g 50.
t1 Application No. 011/2015,
Judgmentof 2 810912017 (Merits), Christopher Jonas v. tJnited Repubtic
of Tanzania S 54.
12 Application
No. 024/2015. Judgment of 711212018 (Merits and Reparations), Werema Wangoko v
United Republic of Tanzania $$ 48-49.
13
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