and seven (7) days, is reasonable in terms of Article 56(6) of the Charter
and Rule 50(2)(f) of the Rules.
49. In the instant Application, which is similar to previous cases adjudicated by
the Court,16 it emerges that the Applicant is a death-row inmate,
incarcerated, restricted in his movements with limited access to information
and unaware of the Court’s procedures. He also avers that he tried to use
the review procedure before seizing the Court without providing any
evidence. In any case, this Court has held that an Applicant using a review
procedure, even though an extra-ordinary remedy, should not be penalised
for exercising it.17 Furthermore, the Court held in the Umalo Mussa v. United
Republic of Tanzania,18 that filing an application for review of the Court of
Appeal’s judgment on an appeal is immaterial to the determination of the
reasonableness of time taken to file the Application before this Court.
50. In the circumstances, the Court concludes that the period of four (4) years,
one (1) month and seven (7) days that the Applicant took to file his
Application is reasonable within the meaning of Article 56(6) of the Charter
and Rule 50(2)(f) of the Rules.
51. In light of the above, the Court, dismisses the Respondent State’s objections
to the admissibility of the Application based on failure to file the Application
within a reasonable time.
16
The Court has previously held that four (4) years, nine (9) months and twenty-three (23) days, four
(4) years, eight (8) months and thirty (30) days, four (4) years, two (2) months and twenty-three (23)
days and four (4) years and thirty-six (36) days, that lay, indigent and incarcerated applicants took to file
their applications was reasonable.
17 Werema Wangoko v. Tanzania (merits), § 49; Alfred Agbesi Woyome v. Republic of Ghana, ACtHPR,
Application No. 001/2017, Judgment of 28 June 2019 (merits), §§ 83-86.
18 Umalo Mussa v. United Republic of Tanzania, ACtHPR, Application No. 031/2016, Judgment of 13
June 2023 (merits and reparations), §§ 47-48.
15