48. The Court notes that the claims made by the Applicant seek to protect his
rights guaranteed under the Charter. It further notes that one of the
objectives of the Constitutive Act of the African Union as stated in Article
3(h) thereof is the promotion and protection of human and peoples’ rights.
Furthermore, nothing on file indicates that the Application is incompatible
with the Constitutive Act of the African Union.
49. The language used in the Application is not disparaging or insulting to the
Respondent State or its institutions in fulfilment of Rule 50(2)(c) of the
Rules.
50. The Application is not based exclusively on news disseminated through
mass media as it is founded on legal documents in fulfilment with Rule
50(2)(d) of the Rules.
51. In relation to filing the Application within a reasonable time, the Court notes
that the Applicant filed his Application before this Court on 15 September
2016 after the Court of Appeal had dismissed his appeal on 23 February
2015, that is one (1) year, six (6) months and twenty-three (23) days after
the dismissal. The issue, therefore, is whether the period between the
exhaustion of local remedies and the referral to the Court constitutes a
reasonable time within the meaning of Article 50(2)(e) of the Rules.
Pursuant to the jurisprudence of the Court,17 it considers that this time frame
for filing an application before it is manifestly reasonable and in compliance
with Rule 50(2)(f) of the Rules.
52. Furthermore, the Application does not concern a case which has already
been settled by the Parties in accordance with the principles of the Charter
of the United Nations, the Constitutive Act of the African Union, the
17
Bernard Balele v. United Republic of Tanzania, ACtHPR, Application No. 026/2016, Judgment of 30
September 2021 (merits and reparations); Hamis Shaban alias Hamis Ustadh v. United Republic of
Tanzania, ACtHPR, Application No. 026/2015, Judgment of 2 December 2021 (merits and reparations),
§§ 59-60; Mussa Zanzibar v. United Republic of Tanzania, Application No. 022/2016 Judgment of 26
February 2021 (merits and reparations), § 44.
15