59.According to the Respondent
State, however,
since the Applicant filed his
Application five (5) years after the Respondent State deposited the Declaration
prescribed under Article 34(6) of the Protocol, the Court must consider this
timeframe unreasonable and declare the Application inadmissible.
60. It also contends that the Application was filed after an excessive time lapse, in
relation to the date considered by the Applicant as that on which the local
remedies were exhausted,
namely 29 May 2009, the date of the judgment
rendered by the Court of Appeal in the first case.
61. The Applicant, for his part, submits that he is a layman, indigent, incarcerated
and without the assistance of counsel which made
it impossible for him to
obtain information on the existence of this Court and of its procedural
and
timeframe
and
requirements.
He
consequently
prayed
the Court to admit
examine his Application by virtue of the powers vested in it.
tee
62. The
Court notes that Article 56(6)
of the Charter does not specify any time
frame within which a case must be filed before this Court. Rule 40(6) of the
Rules, which in substance restates Article 56(6) of the Charter, simply mentions
“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.”
63.In the instant Application, the Court notes that in regard to the first case,
domestic remedies were exhausted on 29 May 2009 the date on which the
Court of Appeal rendered its judgment. However, the Applicant was able to file
the Application before this Court only after 29 March 2010, the date that the
Respondent State deposited the Declaration prescribed under Article 36 (4) of
the Protocol empowering individuals to directly access the Court. A period of
19