Africa Human
Rights
NGO
Network
and
Others
v Tanzania,
that
awaiting responses on applications or judicial reviews are sufficient
grounds to explain a delay in seizing an international body. It is the
contention
of the Applicant
that the jurisprudence
of the African
Commission on the matter forms a highly persuasive source of law
and that this Court be inclined to reach the same decision.
73.
On the preliminary objection that the Applicant did not file the
application within a reasonable
were exhausted,
application
started
running
dismissed
deposited
March
This
was
the
time from the time local remedies
the Court finds that in considering whether the
filed within
from
29
Applicant's
a reasonable
May
2009
time,
when
appeal.
the
However,
time should
Court
the
have
of Appeal
Respondent
its declaration under Article 34(6) of the Protocol on 29
2010, therefore the time should be reckoned from that date.
Court
has,
in Application
013/2011
Beneficiaries
of the late
Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo and
Blaise Ilboudo & The Burkinabe Movement on Human and Peoples’
Rights v Burkina Faso (Ruling on Preliminary Objections of 21 June
2013) set out the principle 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”.
74.
Considering the Applicant's situation, that he is a lay, indigent,
incarcerated person, compounded by the delay in providing him with
Court records, and his attempt to use extraordinary measures, that
is, the application for review of the Court of Appeal’s decision, we
find that these constitute sufficient grounds
to explain why he filed
|
ae
AL
ME
30
5
GF
the Application before this Court on 2 August 2013, being three (3)