36.
The Court notes that the Respondent State raises an objection to
admissibility on the ground that the Application was not filed within a
reasonable time after local remedies were exhausted. The Court will,
therefore, first consider the said objection (A) before examining other
admissibility requirements (B), if necessary.
A. Objection based on the failure to file the Application within a reasonable
time
37. The Respondent State argues that the Application is time-barred and
therefore does not meet the requirement set out under Article 56(6) of the
Charter and Rule 50(2)(f) of the Rules12 which states that an Application
must be filed within a reasonable time from when local remedies are
exhausted.
38. The Applicants on their part refute the Respondent State’s objection and
assert that the Charter does not define what is to be considered as
reasonable time. According to the Applicants, in assessing whether the time
was reasonable in this Application, the Court should consider the fact that
the Applicants are incarcerated.
***
39. The Court notes that neither the Charter nor the Rules specify the exact
time within which Applications must be filed after exhaustion of local
remedies. Article 56(6) of the Charter and Rule 50(2)(f) of the Rules merely
provide that applications must be filed “… within a reasonable time from the
date local remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall be seized
with the matter”.
12
Rule 40 of the Rules, 2 June 2010.
11