justified to argue that all the remedies or some of them have not been exhausted, whereas
the Applicant submitted the issue of his right to a fair trial before the said national courts
—a
right that these courts are supposed
to guarantee proprio motu in all its aspects,
without the Applicant having to specify the particular aspects.
77.
\tis therefore clear that the Applicant has exhausted all the ordinary remedies which
he was
supposed
to exhaust.
For this reason,
the Court dismisses the objection of
inadmissibility of the application on grounds of failure to exhaust local remedies.
D)
Objection
based
on
non-compliance
with
a
reasonable
time
in
filing
the
application before the Court
78.
In its Response, the Respondent submits that, if the Court finds that the Applicant
has exhausted
local remedies,
the latter has however failed to submit his Application
before this Court within a reasonable time from when the local remedies were exhausted.
79.
\t further argued that even if Rule 40 (6) of the Rules of Court is not specific on the
question of reasonable time, international human
rights jurisprudence
has established
that six months is considered a reasonable time.
80. The Respondent points out that the decision of the Court of Appeal of Tanzania dates
back
to
5
October
2004,
but
concedes
that
Tanzania
deposited
its
instrument
of
ratification only on 10 February 2006; it therefore maintains that the time elapsing since
that date up to the referral of the matter to the Court on 8 October 2013 is seven years
and nine months, and that this period is far higher than the six months considered to be
reasonable.
81. The Respondent State further submitted that the fact that the Applicant was in prison
did not and still does not prevent him from accessing the African Court, as he has done
elsewhere in this procedure.
3
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