benefit of legal assistance as being relevant in determining the
reasonableness of time.14
62. In the present case, the Applicant was a lay person and filed the present
Application without counsel’s assistance. Furthermore, he was incarcerated
and on death row at the time of filing the Application.15 His situation,
therefore, affected his ability to aptly file the Application. As such, the period
of three years and three months that he took to file the present Application
is reasonable within the meaning of Rule 50(2)(f) of the Rules.16
63. Consequently, the Court dismisses the Respondent State’s objection and
holds that the Applicant filed the Application within a reasonable time as
envisaged under Rule 50(2)(f) of the Rules.
C. Other conditions of admissibility
64. The Court notes that there is no contention regarding the Application’s
compliance with the requirements set out in Rule 50(2) (a),(b),(c),(d) and (g)
of the Rules. Nonetheless, it must satisfy itself that these requirements are
met.
65. From the record, the Court notes that the Applicant has been clearly
identified by name, in fulfilment of Rule 50(2)(a) of the Rules.
66. The Court notes that the Applicant’s claims seek to protect his rights
guaranteed under the Charter. It further notes that one of the objectives of
the Constitutive Act of the African Union, as stated in Article 3(h) thereof is
the promotion and protection of human and peoples’ rights. Furthermore,
14
Thomas v. Tanzania (merits), supra, § 73; Amir Ramadhani v. United Republic of Tanzania (merits)
(11 May 2018) 2 AfCLR 344, § 83.
15 John Mwita v. United Republic of Tanzania, ACtHPR, Application No. 044/2016, Judgment of 13
February 2024 (merits and reparations), §§ 61-62.
16 Sebastian Germain Ajavon v. Republic of Benin (merits and reparations) (29 March 2021) 5 AfCLR,
94 §§ 86-87; Mwita v. Tanzania, ibid; and Reuben Juma and Gawani Nkende v. United Republic of
Tanzania, Consolidated Applications Nos. 015/2017 and 011/2018, Judgment of 5 September 2023
(merits and reparations), § 57.
15