49. The Respondent State claims that the Application was not filed within a
reasonable time after local remedies had been exhausted.
50. The Respondent State recalls that the judgment of the Court of Appeal was
delivered on 7 March 2011, while it deposited the Declaration on 9 March
2010, that is, after a period of one (1) year.
51. The Respondent State further submits that the Applicant’s application for
extension of time to file a review was concluded in the Court of Appeal on
13 February 2015, while the present Application was filed before this Court
on 22 March 2016, that is, one (1) year, one (1) month and nine (9) days
later, and without providing any reasons for the delay.
52. The Respondent State submits that this period is certainly beyond the
accepted period of reasonable time as defined by international human rights
jurisprudence, which considers six (6) months as reasonable time.
Therefore, the Respondent State submits that this Application does not
meet the admissibility requirement provided by Rule 40(6) of the Rules,17
and that the Application should be declared inadmissible.
*
53. The Applicant disputes the Respondent State’s objection and submits that
the Application was filed within a reasonable time after exhaustion of local
remedies. He submits that the period to be considered should be between
the moment the Court of Appeal dismissed the Applicant’s application for
extension of time to file a review and the filing of the Application before this
Court. The Applicant also contends that this Court should take into account
the particular circumstances of his case when considering the period of
seizure, as the Court confirmed in its decision in Norbert Zongo and Others
v. Burkina Faso.
17
Corresponding to Rule 50(2)(f) of the Rules of 25 September 2020.
13