B.
Other conditions of admissibility
39. The Court notes that, from the record, the condition laid down
in Article 56(1) of
the Charter is fulfilled since the Applicant provided his full identity. The condition
laid down in paragraph 2 of the same Article is also fulfilled since no request from
the Applicant or any information on file is incompatible with the Charter of the
Organisation of African Unity (OAU) or with the Charter. The Application does not
contain any disparaging or insulting language towards the State concerned, which
makes it consistent with the requirement of Article 56(3) of the Charter. Regarding
the condition
contained
in paragraph
4 of this Article, the Court notes that the
Application is not based exclusively on news disseminated through mass media.
The
Applicant
bases
his claims
on
legal
grounds
in support
of which
official
documents are tendered.
40. With
regard to compliance with the requirements of Article 56(6) of the Charter,
this Court reiterates that for an application to be admissible, it must be submitted
“within a reasonable period from the time local remedies are exhausted
or from
the date the (Court) is seized with the matter’.
41. The
Court
notes,
in this
regard,
that
the
Judgment
dismissing the Applicant’s appeal was rendered
the Application was
filed at the Registry
of the
Supreme
Court
on 8 November 2013 whereas
on 24 February
2017.
As the period
between these two dates is three (3) years, one (1) month and sixteen (16) days,
the Court will decide whether this period is reasonable in terms of Article 56(6) of
the Charter.
42. The
Court
recalls,
in
reference
to
its jurisprudence,
that
determination
of
reasonable time must be done on a case-by-case basis, taking into consideration
the
circumstances
of each
case.’
Furthermore,
where
the
remedies
to
be
8 See Ally Rajabu and Others v. United Republic of Tanzania, AfCHPR, Application No. 007/2015, Judgment
of 28/11/2019 (Merits and Reparations), § 50; Armand Guehi v. United Republic of Tanzania (Merits and
11