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 time from the time local remedies
were exhausted, the Court finds that in considering whether the
application was filed within a reasonable time, time should have
started running from 29 May 2009 when the Court of Appeal
dismissed the Applicant's appeal. However, the Respondent
deposited its declaration under Article 34(6) of the Protocol on 29
March 2010, therefore the time should be reckoned from that date.
This Court has, in Application 01312011 Beneficiaries of the late
Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo and
Blaise 1/boudo & 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, tha
is, the application for review of the Court of Appeal's decision, we
find that these constitute sufficient grounds to explain why he filed
the Application before this Court on 2 August 2013, being three (3)
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