Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
Lastly, the Court found that it had territorial jurisdiction given that the facts of the matter
occurred within the territory of the Respondent State.
On the admissibility of the Applications, the Court observed that pursuant to Article 6(2) of the
Protocol, it must rule on the admissibility of all the Applications brought before it. The
Respondent State raised an objection on the grounds that the Applicants failed to file the
Application within a reasonable time in accordance with Article 56(6) of the Charter.
With regards to this objection, the Court observed that under Rule 50(2)(f) of the Rules, there
are two elements that must be used in assessing the reasonableness of time for filing an
Application. First, the Application must be filed within a reasonable time from the date local
remedies were exhausted. Secondly, and alternatively, an Application must be filed within a
reasonable time from the date set by the Court as being the commencement of the time limit
within which it shall be seized with the matter.
In the instant application, the Court observed that the Applicants were not obliged to exhaust
local remedies not only because there was none to exhaust but also because some of the
alleged violations were continuous. Resultantly, therefore, computation of time could not be
based on the exhaustion of local remedies since such exhaustion was irrelevant. As for the
second limb, the Court observed that owing to its findings as to the continuous nature of the
violations, the Applicants could have filed the Applications at any time for as long as the
violations remained unremedied. The Court, therefore, held that the Application fulfilled the
requirements on admissibility, and dismissed the Respondent State’s objection.
The Court observed that no objection was raised with respect to the other admissibility
requirements. Nonetheless, in line with Rule 50(1) of the Rules, the Court assessed all
admissibility criteria provided for in Rule 50(2) of the Rules to ensure that the Application
fulfilled the necessary standards.
Accordingly, the Court found that the condition stipulated under Rule 50(2)(a) of the Rules was
met, as the Applicants were clearly identified by name.
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