cc
39.
01d4
The Respondent State avers that despite the fact that it deposited the
Declaration required under Article 3a (6) of the Protocol in 2010, it took the
Applicant five (5) years to seize the Court, that is, in 2015.
40.1t further submits that even though Rute 40 (6) of the Rules does not
prescribe a time limit for filing an application before the court, international
human rights jurisprudence has established six (6) months as a reasonable
time-limit after domestic remedies are exhausted for filing such applications.
The Respondent State contends that the Applicants failed to seize the Court
within six (6) months without having been hindered from doing so.
41.The Applicants did not address this objection specifically but submit that
their Application meets the admissibility requirement specified under Article
56 of the Charter, and Rule 40 of the Rules.
42.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 limitwithin which
it shall be seized with the matter."
43.|n the matter of Norbeft Zongo and Others v. Burkina Faso, the Court held
that "the reasonableness of a time limit of seizure will depend on the
particular circumstances of each case and should be determined on a case-
by-case basis."e Some of the circumstances that the Court has taken into
consideration include: imprisonment, being lay without the benefit of legal
s
Zongo and Others judgment (Preliminary Objections)", S 92. See also Application No. 023/2015.Judgment
of 23103120'18 (Merits), Kijiji lsiaga v United Republic of Tanzania, (hereinafter referred to as Kijiji tsiaga v
Tanzania (Merits)), $. 56
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