ii. Objection based on the failure to file the Application within a reasonable
time
54. The Respondent State claims that since the Application was not filed within
a reasonable time after the local remedies were exhausted, the Court
should find that the Application has failed to comply with the provisions of
Rule 40(6) of the Rules.17
55. The Respondent State recalls that the judgment of the Court of Appeal was
delivered on 19 April 2013, that the instrument sanctioning access to the
Court in accordance with Article 34(6) and Article 5(3) of the Protocol was
deposited on 29 March 2010 and that this Application was filed on 13 June
2017. The Respondent State notes that a period of three (3) years elapsed
from when the judgment was delivered to when the Applicant filed his
Application before this Court.
56. The Respondent State submits that a period of three (3) years does not fall
within the parameters of reasonable time, therefore, this Application has not
met the admissibility requirement provided by Rule 40(6) of the Rules. 18
Accordingly, the Respondent State argues that the Application should be
rendered inadmissible.
*
57. In his Reply, the Applicant submits that, on 11 May 2013, he had filed an
application for review of the Court of Appeal’s decision, but at the time of
filing the Application before this Court, no final decision had yet been made
by the Court of Appeal and that no information was forthcoming concerning
this appeal. It was for that reason that he decided to seek another legal
remedy by bringing his Application before this Court.
58. The Applicant contends that the ongoing review process of the Court of
Appeal decision explains the delay in seizing this Court.
17
18
Corresponding to Rule 50(2)(f) of the Rules of 25 September 2020.
Corresponding to Rule 50(2)(f) of the Rules of 25 September 2020.
15