local remedies since the Applicants were not required to exhaust local
remedies. Therefore, the Court is required to set a date as the
commencement of the time limit.
94. In this regard, the Court notes that the Respondent State deposited its
Declaration on 29 March 2010 and therefore, the Applicants could only
seize the Court after that date. The Applicants filed their Application on 26
July 2018, that is, eight years and four months after the Respondent State
deposited its Declaration. The Court will therefore determine if the above
time is reasonable according to Rule 50(2)(f) of the Rules.
95. The Court notes that, even though, it took the Applicants eight years and
four months to file the case, the alleged violations are continuing, in that,
the PWA allegedly continue to face persecutions, attacks and killings on the
basis of their albinism, and therefore the time-limit does not apply as the
Applicants could have seized the Court at any point as long as the alleged
violations persisted.25
96. In view of the above, the Court finds that the Application was filed within a
reasonable time in compliance with Article 56(6) of the Charter.
97. With regards to whether the Application concerns 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
provisions of the Charter in accordance with Rule 50(2)(g) of the Rules; the
Court notes that the Applicants submitted that, three cases26 filed by PWA
were decided by the RPD Committee.
98. Given the above, the Court must ascertain whether the afore-mentioned
decisions of the RPD Committee constitute settlement as contemplated
under Article 56(7) of the Charter. In doing so, the Court recalls as it has
25
Harold Munthali v. Republic of Malawi, ACtHPR, Application No. 022/2017, Judgment of 23 June
2022, § 63.
26 UNCRPD, Mr X v. United Republic of Tanzania, CRPD/C/18/D/22/2014, Mr Y v. United Republic of
Tanzania, CRPD/C/20/D/23/2014, Ms Z v. United Republic of Tanzania, CRPD/C/22/D/24/2014.
24