36. The Respondent State raises two (2) objections to the admissibility of the
Application, namely: that the Applicant did not exhaust local remedies, and
that the Application was not filed within a reasonable time. The Court will
therefore consider the said objections before examining other conditions of
admissibility, if necessary.
A. Objections to the admissibility of the Application
i.
Objection based on non-exhaustion of local remedies
37. The Respondent State argues that the Applicant did not raise the allegation
that he was denied free legal assistance in the proceedings at the national
courts and, therefore, he did not exhaust local remedies for this allegation.
38. The Respondent State also contends that, as per the decision of the African
Commission on Human and Peoples’ Rights in Article 19 v. Eritrea, the onus
is on the Applicant to demonstrate that he took all the steps necessary to
exhaust domestic remedies and not merely cast aspersions on the
effectiveness of those remedies.
39. In this regard, the Respondent State argues that there were remedies
available to the Applicant which he should have exhausted, but he did not.
Furthermore, the Respondent State contends that the Applicant should
have filed an application for review of the Court of Appeal’s judgment, if he
was dissatisfied with its judgment.
40. In light of the foregoing, the Respondent State argues that it was not given
the opportunity to redress the alleged violations within the national judicial
system and therefore the Application should be dismissed for lack of
exhaustion of local remedies.
41. The Applicant avers that he exhausted local remedies when the Court of
Appeal dismissed his appeal in its entirety on 21 February 2016.
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