85. The Court further notes that the Application does not contain any insulting
or disparaging language against the Respondent State, its institutions or the
African Union, so that it meets the requirement of Rule 50(2)(c) of the Rules.
86. The Court also notes that the Application is not based exclusively on news
disseminated through the mass media and therefore meets the requirement
under Rule 50(2)(d) of the Rules.
87. With regard to the reasonable time for filing an Application before it, the
Court considers that Rule 50(2)(f) of the Rules stipulates that the application
be filed with the Court within a reasonable time after exhaustion of local
remedies or after the date set by the Court as the starting point for
calculating the time to be observed before filing an application before it.
88. The Court notes that the present case involves a dispute concerning the
Applicant’s divorce, granted by the Court of First Instance, and her
conviction for adultery after being accused by her husband. The divorce
case was subsequently brought before the Cassation Court, the highest
court of the Respondent State. By judgment of 7 December 2016, the
Cassation Court affirmed the revocation of the Applicant’s right to custody
of her minor children, alimony and ownership of the marital home. In
assessing the reasonableness of the time for referral, the Court will
therefore take into account the date on which the Respondent State
deposited the Declaration, which is 2 June 2017, as the starting point for
computing the time to be assessed.
89. The Court recalls that the Applicant filed the present Application on 9
October 2019, that is, a period of two years, four months and two days from
the date the Respondent State deposited the Declaration.
90. The Court has consistently held that determination of reasonable time for
filing applications is done on a case-by-case basis and takes into
24