00c826 43. With regard to the allegation that the Applicant did not raise the legal aid issue during domestic proceedings but chose to bring it before this Court for the first time, the Court, in line with its Judgment in A/ex Thomas v. tJnited Repubtic of Tanzania, takes the view that this complaint forms part of the "bundle of rights and guarantees" enshrined in the appeal procedures at domestic level which upheld the guilty verdict against the Applicant and the sentence to thirty (30) years' imprisonment. The Court stresses that legal aid forms part of the "bundle of rights and guarantees" in respect of the right to a fair trial, which is the basis and substance of the Applicant's appeal. The domestic judicial authorities thus had ample opportunity to address that allegation even without the Applicant having raised it explicitly. lt would therefore be unreasonable to require the Applicant to file a new application before the domestic courts to seek redress for these complaints.6 44 Accordingly, the Court finds that the Applicant has exhausted local remedies as envisaged in Article 56(5) of the Charter and Rule 4O(5) of the Rules. The Court therefore overrules this objection to the admissibility of the Application. ii. 45. Objection based on the ground that the Application was not filed within a reasonable time The Respondent State argues that, should the Court take the view that the Applicant has exhausted local remedies, the fact would still remain that he did not file his Application within a reasonable time from the date the domestic remedies were exhausted. 46. The Respondent State further asserts that even if Rule 40(6) of the Rules is not specific on what constitutes a reasonable time, international human rights jurisprudence has established that six (6) months is considered a reasonable time, invoking in particular the decision in respect of Communication No. 30g/05, in Michael Majuru v. Zimbabwe, wherein the Commission is claimed to have applied that timeframe. 6 Alex Thomas v. Tanzania Judgment, op. cit., paras. 60 - 65 1,7 C -)

اختر الفقرة المستهدفة3