000 226
were exhausted or from the date set by the Court as being the commencement of the time
limit within which it shall be seized with the matter."
48. The Court notes, in
the instant case, that between the date
of exhaustion
of the
last local remedy, that is, the Applicant's appeal before the Court of Appeal which
delivered
its judgement on 5 August 2013 and seizure of this Court on 5 April
2016, a period of two (2) years and eight (8) months had elapsed.
49. The Court recalls its jurisprudence to the effect that to assess the reasonableness
of the timeframe for seizure, the Court takes into account the particular
circumstances of each case and determines the issue on a case-by-case basis.T
ln its Judgment of 28 September
2Q17: Chistopher Jonas
v. lJnited
Repubtic of
Tanzania, the Court noted that "the fact that the Applicant was incarcerated, is indigent,
did not have the benefit of free assistance of a lawyer throughout the proceedings at
national level, his being an illiterate and his being unaware of the existence of the Court
due to its relatively recent establishment - are all circumstances that can work in favour of
some measure of flexibility in determining the reasonableness of the time frame for seizure
of the Court."8
50. From the record of the instant case, it is inferred that the Applicant is in a situation
similar to the one described above because he was self-represented and could not
afford the services of a Counsel. The Court further notes that the Applicant, having
been in detention since 1997 right up to the date of seizure, he might not have
been aware of the existence of this Court. From the foregoing observation, the
Court holds in conclusion that the two (2) years and eight (8) months within which
it was seized is reasonable in terms of Article 56(6) of the Charter.
51.
Consequently,
the Court dismisses the Respondent State's inadmissibility
objection based on failure to file the Application within a reasonable time.
7
8
NorbertZongo v. Burkina Faso Judgment. op. cit. para.121
Christopher Jonas v. Tanzania Judgment. op.cit. para. 53.
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