because of its relatively recent establishment; are all circumstances that
justified some flexibility in assessing the reasonableness of the timeline
for seizure of the Court. 12
50. Furthermore,
in Alex Thomas v Tanzania, the Court justified its position as
follows:
Taking
into account
the situation
of the Applicant,
who
is an
ordinary,
indigent and incarcerated person, and considering the time it took him to
obtain a copy of the record of proceedings and the fact that he attempted
to use extraordinary remedies such as the application for review, the Court
concludes that all these factors are sufficient elements to explain why he
did not bring the application before the Court until 2 August 2013, three (3)
years and five (5) months
after the filing of the declaration
under Article
34(6). For these reasons, the Court concludes that the application was filed
within a reasonable time after exhaustion of local remedies, in accordance
with section 56(5) of the Charter.'?
51. It is also clear from the Court's case-law that the Court declared admissible
an application brought before it three (3) years and six (6) months after the
Respondent
Protocol
State
accepting
deposited
the
the
Court's
Declaration
jurisdiction,
under
having
Article
34(6)
concluded
of the
that:
“the
period between the date of its referral of the present case, 8 October 2013,
and the date of the filing by the Respondent
recognition
of the Court's jurisdiction
State of the Declaration of
to hear individual
applications,
29
March 2010, is a reasonable time within the meaning of Article 56(6) of the
Charter."4
52.In
the
instant
case,
the Applicant
was
not
imprisoned,
there
were
no
restrictions on his movements after the exhaustion of local remedies, he
22 Mohamed Abubakari v. Tanzania (merits) op.cit, § 92.
3 Alex Thomas v. Tanzania (merits), § 74.
** Mohamed Aubakari v. Tanzania (merits), § 93
15