months
after the Respondent
State deposited
Article 34(6) of the Protocol accepting
the Declaration
under
the Court's jurisdiction,
having
concluded that: “the period between the date of its referral of the present
case, 8 October 2013, and the date of the filing by the Respondent State
of the
Declaration
of recognition
of the
Court's jurisdiction
to hear
individual applications, 29 March 2010, is a reasonable time within the
meaning of Article 56(6) of the Charter. 4
45.In the instant case, the Applicant was not imprisoned or subject to any
restriction of movement after the exhaustion of local remedies, nor was
he indigent, and his educational background
defend himself as evidenced
not only enabled
by the Application
him to
filed on 24 February
2017, but also made
him aware of the existence of the Court and the
proceedings
it
before
within
a
reasonable
time.
Moreover,
the
Respondent State also deposited the Declaration recognising the Court's
jurisdiction four (4) years, three (3) months and nine (9) days before the
exhaustion of local remedies.
46. In light of the foregoing, the Court holds that the period of two (2) years
and
nine
(9)
months
that
elapsed
before
the
Applicant
filed
the
Application before it is not a reasonable time within the meaning of Article
56(6) of the Charter and Rule 40(6) of the Rules. Consequently,
Court
finds that the Application is inadmissible on this ground.
Vill.
COSTS
47. The Court notes that Rule 30 of its Rules provides that "Unless otherwise
decided by the Court, each party shall bear its own costs".
48. Taking
into account the circumstances of this case, the Court decides
that each party shall bear its own costs.
14 Mohamed Aubakari v. Tanzania (Merits), § 93
14