a case-by-case approach to assessing what constitutes reasonable time,
taking into account the particular circumstances of each case.18 The Court
has taken into consideration the following circumstances, inter alia, that
impact on the reasonable time within which to file an application with the
Court: the incarceration of the Applicant, the fact that the Applicant is lay,
does not have legal aid,19 is indigent, illiterate, is not aware of the existence
of the Court, was being intimidated and fearing reprisals20 as well as the
exhaustion of extraordinary remedies.21
55. The Court recalls that it has held that local remedies were exhausted as
regards the alleged human rights violations relating to Laws No.2018-16 of
04 January 2018 on the status of the judiciary, Law No.2018-02 of 2 July
2018 of the HJC, Law No.2019-40 of 7 November 2019 on the revision of
the Constitution and Law No. 2019-43 of 15 November 2019 on the
Electoral Code, which were declared to be constitutional, respectively by
Decisions DCC 18-141 of 18 June 2018, DCC 18-142 of 18 June 2018, DCC
19-504 of 6 November 2019 and DCC 19-525 of 14 November 2019 of the
Constitutional Court.
56. The Court considers that the count of a reasonable time for its seizure starts
from the dates the Constitutional Court issued its decisions, that is, 18 June
2018, 6 November 2019 and 14 November 2019. Between these dates and
that of the filing of the Application, that is, 17 September 2020, two (2) years,
two (2) months, twenty-nine (29) days, ten (10) months and ten (10) days
Beneficiaries of the late Norbert Zongo and Others v Burkina Faso, (21 June 2013) (Preliminary
Objections) 1 AfCLR 195, § 121; Alex Thomas v United Republic of Tanzania (20 November 2015),
(Merits), 1 AfCLR482, § 73.
19 Alex Thomas v. Tanzania (Merits), op.cit. § 73; Christopher Jonas v. Tanzania (Merits) op.cit. , § 54,
Ramadhani v. Tanzania, (11 May 2018), (Merits), 2 AfCLR 344, § 83.
20 Association pour le progrès et la défense des droits des femmes maliennes et Institute for Human
Rights and Development in Africa v Republic of Mali (11 May 2018) (Merits)) 2 AfCLR 380, § 54.
21 Armand Guéhi v. Tanzania (Merits and Reparations) op.cit, § 56; Werema Wangoko v. United Republic
of Tanzania (Merits) (7 December 2018), 2 AfCLR 520, § 49; Alfred Agbesi Woyome v. Republic of
Ghana, (Merits and Reparations) (28 June 2019), 3 AfCLR 235, §§ 83-86.
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