0001
4i..
assistancel0, indigence, illiteracy, lack of awareness of the existence of the
Court, intimidation and fear of reprisalll and the use of extra-ordinary
remedies.l2
44. ln the instant Application, the Court observes that the judgment of the Court
of Appeal in Criminal Appeal No. 47 of 2003 was delivered on 21 May 2004.
However, the Applicants were able to file their Application before this Court
only after 29 March 2010, the date that the Respondent State deposited the
Declaration required under Article 36 (4) of the Protocol for individuals to
have direct access to the Court. Nearly five (5) years and four (4) months
elapsed between 29 March 2010 and 13 July 2015 when the Applicants fited
their Application before this Court. The issue for determination is whether
the five (5) years and four (4) months that the Applicants took to file their
Application before the Court is reasonable.
45.The Court recalls its jurisprudence in the matter of the Beneficiaries of Late
Norbeft Zongo, Abdoulaye Nikiema a/ras Ablasse, Emest Zongo, Blaise
llboudo and mouvement burkinabe des droit de l'homme where it held that
the purpose of Rule 40(6) of the Rules is to guarantee "[j]udiciat security by
avoiding a situation where authorities and other concerned persons are kept
in a situation of uncertainty for a long time".13 Also, "to provide the Applicant
with sufficient time for reflection to enable him appreciate the opportunity of
bringing a matter to court if necessary" and finally, to enable the Court to
establish the relevant facts relating to the matter."la
10 Alex Thomas
v Tanzania (Merits), S 73, Christopher Jonas v Tanzania (Merits), S 54, Application No.
0'1012015. Judgment of 11lOSl2018 (Merits), Amii Ramadhani v. United Republic of Tanzanla, S 83
11
Application No. 046/2016. Judgment ol 11t0512018 (Merits), Association Pour le progress et la Defense
des droit des Femme Maliennes v. Republic of Mali, g 54.
12
Armand Guehi v. Tanzania (Merits and Reparations), $ 56; Application No. 02412015. Judgment of
7112118, Werema Wangoko v United Republic of Tanzania (Merits and Reparations), S 49, Application No.
00112017. Judgment of 281061'19, Alfred Agbes Woyome v Republic of Ghana (Merits and Reparations), g
s 83-86.
13
Zongo and others supra note 4, S 107
14
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