5. Be filed after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged;
6. Be filed within a 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; and
7. Not raise any mater or issues previously 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 or of any legal instrument of the African
Union".
43. While the Parties do not dispute that some of the abovementioned requirements have
been met, the Respondent State raises three objections relating respectively to the
exhaustion of local remedies, ·the filing of the Application within a reasonable time
and the late submission of the claim that the Applicant's detention was unfairly
prolonged without charges being preferred.
A. Conditions of admissibility in contention between the Parties
i.
Objection based on the alleged failure to exhaust local remedies
44. The Respondent State avers that the Applicant did not exhaust local remedies with
respect to the allegation that he was not accorded an interpreter during his
interrogation by police. According to the Respondent State, while he could have done
so, the Applicant did not raise this matter either for a trial within the trial, as a ground
of appeal or as a basic rights enforcement claim during the trial as provided under
the Basic Rights and Duties Enforcement Act. The Respondent State asserts that the
basic rights enforcement remedy similarly applies to the Applicant's claim that his
right to property was violated.
45.ln its oral submissions, the Respondent State reiterated its written observations on
the abovementioned issues and further contended that the Applicant could have
raised before domestic courts his allegations concerning the defective statement
taken by the police, key evidence that was not pursued and the lack of consular
assistance.
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