What is surprising
is that, although the Court considered
found a violation in each of them
each case separately and
on the basis of legal reasoning, when
it came to the
reasonable time limit, it did not specify that time limit in relation to each case.
Indeed, with regard to domestic remedies, it is clear from paragraph 56 of the judgment
that the Court did specify that in the second case "the Applicant did appeal to the High
Court and that, despite several communications to the authorities concerned, the case
was still pending at the time he brought the matter before to the Court .... The Applicant
should be deemed to have exhausted local remedies".
As to the discussion on reasonable time, in paragraphs 62 to 72 of the Judgment, the
Court discussed this condition, which was raised by the Respondent State in relation
to the first case, but failed to do so in relation to the second.
It concluded
on the basis
of the four (4) years, nine (9) months and twenty (20) days’ time limit, the time limit
used for the first case, that if it refers to the second case, it is just to consider it as a
fact which will lead it to conclude that the time limit is reasonable in relation to the first
case.
With regard to the second case, it is clear that after having concluded that domestic
remedies
had
been
exhausted
as of the date of the appeal
of 27/10/2006
pending
before the High Court until 19 March 2017, the date on which the Court of Appeal ruled,
and
well
after the
filing
of the
application
in this
considered the time limit reasonable, as it was open
Court,
the
Court
should
have
until the day of the filing of the
application in this Court.
By concluding in the same paragraph for both cases, the Court failed in its obligation
to give reasons for its judgments as set out in Rule 61 of the Rules of Court.
3) The rejection of the application for reparation in respect of the material
and
moral
damage
to
the
Applicant
and
the
indirect
victims
alleged
by
the
Applicant
In its operative part on monetary reparations Roman
Court
concluded
that the application
was
dismissed
paragraphs VI and VII, the
on the basis
of insufficient
information. | do not agree with this conclusion for the following reasons:
On reading Rule 39(2) of the Rules, it is clearly stated that" the Court may request
the parties to submit any factual information, documents or other material considered
by the Court to be relevant".