0001Ss
objection on the ground that the Application was not filed within
reasonable time
a
37'The Respondent State argues that, should the Court find that
the Applicant has
exhausted domestic remedies, it should still dismiss the Application
because it
was not filed within a reasonable time after local remedies were
exhausted.
38' lt further contends that, even though Article 40(6) of the
Rules of court is not
specific on the issue of reasonable time, international human
rights case-law
has established that six months would be a reasonable
time limit within which
the Applicant should have filed the Application, maintaining
that such was the
position of the Commission in Communication No.
3og/05, Michaet Majuru v.
Zimbabwe.
39' The Respondent State also maintains that three (3) years
and six (6) months
had elapsed between the decision of the Court of Appeal
of Tanzania (16
February 2012) and the date this Court was seized (10
october 2015), and
that this timeframe is not reasonable given that the Applicant
had no difficulty
in filing the Application earlier.
***
40'The Applicant refutes the Respondent State's allegations regarding
the
reasonableness of the timeframe for seizing the Court,
arguing that there is no
provision in the Rules for assessment of the reasonable
time for filing
applications before the Court. To this end, he cites the
Court,s decision in
Application No' 01312011 Beneficiaries of Late Norbert Zongo
and others
v.
Burkina Faso, that the Court had established that the "reasonableness
of a
timeframe of seizure will depend on the particular circumstances
of each case
and should be determined on a case_by_case basis.,,
41' The Applicant then states that he was awaiting the decision of the Court of
Appeal of Tanzania on his application for review of the decision
of 16 February
2012, which took a long time.
***
c2/--
Y\,=r
s\