institutions, which makes it consistent with the requirement of Rule 50(2)(c)
of the Rules.
36. Regarding the condition stated in Rule 50(2)(d) of the Rules, the Court notes
that the Application fulfils the said condition as it is not based exclusively on
news disseminated through the mass media but it is derived from court
records.
37. As far as the requirement of exhaustion of local remedies set out under Rule
50(2)(e) of the Rules is concerned, this Court observes that the High Court
convicted the Applicant for the offences of murder, hindering the burial of a
dead body and perjury. He was sentenced to life imprisonment for murder,
two years imprisonment for hindering the burial of a dead body and another
two years imprisonment with hard labour for perjury, the sentences to run
concurrently. He later appealed to the Supreme Court of Appeal, which
upheld the conviction and sentence. Since the Supreme Court of Appeal of
Malawi is the highest court of the Respondent State, this Court finds that
local remedies were exhausted in the present Application, and the
requirement set out under Rule 50(2)(e) of the Rules is thus met.
38. Regarding the condition stated in Rule 50(2)(f) of the Rules, the Court notes
that the Rule provides that, applications must be filed “… within reasonable
time from the date local remedies 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”.
39. The Court recalls that in assessing the reasonableness of time, it has held
that in instances where the time being assessed is relatively short, such
time will be considered as manifestly reasonable.6
6
Niyonzima Augustine v. United Republic of Tanzania, ACtHPR, Application No. 058/2016, Judgment
of 13 June 2023 (merits and reparations), §§ 56-58; Simon Vuwa Kaunda v. Republic of Malawi,
ACtHPR, Application No. 013/2021, Judgment of 5 September 2023 (merits and reparations), §§ 34,
35; Sébastien Germain Ajavon v. Republic of Benin (merits and reparations) (29 March 2021) 5 AfCLR
94, §§ 86-87.
10