to justify their failure to file an Application within a reasonable period of
time.26 Even for lay, incarcerated or indigent litigants there is a duty to
demonstrate how their personal situation prevented them from filing their
Applications in a timelier manner.
56. The Court notes the Applicant’s claim that until May 2017, this Court, its
Protocol, its Rules and its Practice Direction, were all unknown at Uyui
Prison, where he was serving his custodial sentence prior to the filing of the
Application.
57. The Court also takes note of the Applicant’s submission that the first
Application originating from Uyui Prison in Tabora was Application No.
017/2017 – Abdallah Sospeter Mabomba and Others v. United Republic of
Tanzania and that this Application was filed two (2) months and eighteen
(18) days after that.
58. The Court finds, however, that this argument is insufficient to persuade it
that the Applicant diligently pursued his case and that he was not in a
position to know about the Court prior to the filing of Application No.
017/2017 – Abdallah Sospeter Mabomba and Others v. United Republic of
Tanzania. The Court, therefore, does not consider this element to be a
determining factor that would justify such a long time to submit his
Application before this Court.
59. In the instant case, and although the Applicant was, at the material time,
incarcerated, he hasn’t provided the Court with compelling arguments and
sufficient evidence to demonstrate that his personal situation prevented him
from filing the Application in a more timely manner.
60. In view of the foregoing, the Court finds that the filing of the Application six
(6) years, two (2) months and two (2) days after exhaustion of local
remedies is not a reasonable time within the meaning of Article 56(6) of the
26
Layford Makene v. United Republic of Tanzania, ACtHPR, Application No. 028/2017, Ruling of 2
December 2021 (admissibility), § 48.
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