C. Objection to admissibility based on failure to file the Application within a
reasonable time in relation to the proceedings against the Applicant’s
lawyers
73. The Respondent State argues that the Applicant is responsible for the
length of the proceedings, as it is his case that this failure results from the
lack of diligence on the part of his lawyers.
74. It notes that haphazard management, poorly organised procedural
strategies and the Applicant’s inconsistencies proved counter-productive. It
follows that the Applicant only has himself to blame.
75. The Applicant submits that in line with his procedural approach, there is no
need to assess whether the Application was filed within a reasonable time
due to the non-exhaustion of local remedies; on the other hand, he points
out that the last decision was handed down on 2 November 2016 and the
instant Application was filed with this Court on 4 September 2018.
76. He concludes that this period does not constitute unreasonable time, so that
the Court should declare the Application admissible.
***
77. The Court notes that a period of one (1) year and ten (10) months elapsed
between the decision of the Respondent State’s Constitutional Court on the
action against the lawyers and the filing of the present Application. The
issue for determination is whether the said period constitutes a reasonable
time within the meaning of Article 56(6) of the Charter.
78. The Court has consistently held that “[...] reasonableness of the time frame
for seizure depends on the specific circumstances of the case and should
be determined on a case-by-case basis”.27 In this regard, the Court took into
account, among other factors, the time it took the Applicant to consider
27
Zongo and others v. Burkina Faso (merits), supra, § 92. See Thomas v. Tanzania (merits), supra, §
73.
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