ii. Objection to admissibility of the Application for failure to file the
Application within a reasonable time
46.
The Respondent State, in its Response, affirms that the impugned law was
enacted on 30 December 2011 and that it is only on 26 July 2016 that the
Applicants brought the matter before this Court, that is, about five (5) years
after the promulgation of the impugned law; that the Applicants in their Reply
did not adduce any argument to justify this particularly long timeframe in filing
the case before the Court.
47
'
The Applicants, in their Reply, submit that the alleged viotations are
"continuing" and that, in the circumstances, the period can start to count only
after the cessation of the said violations.
***
48.
The Court notes that Article 56 (6) of the Charter and Rule 40 (6) of the Rules
specify that Applications shall be filed within a reasonable time counting from
the date local remedies were exhausted or from the date set by the Court as
being the commencement of the time within which it shall be seized with the
matter.
49.
As has been indicated (paragraphs 46 and 47\, whereas for the Respondent
State the period for seizure of the Court must be reckoned from the date of
promulgation of the impugned law; for the Applicants, this period will start to
count only after the cessation of the alleged violations, that is, after the
abrogation or review of the impugned law.
50.
The Court is however of the opinion that, in the instant case, in which no
remedy was available to the Applicants at domestic level, the date from which
the reasonableness of filing the Application before this Court should be
assessed is that on which the Applicants acquired knowledge of the impugned
law.
1
uropean Court of Human Rights adopted this same position in Dennis
and Others v.
Kingdom. lt held that, where it is clear from the outset that
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