into account in assessing the reasonableness of the time frame for filing the
Applications is the period commencing from 2013, the date on which the
public would have known about the existence of the Court, to 2018, the year
in which the Application was filed, which period is four years.13
60. The Court recalls its jurisprudence that “… the reasonableness of the
timeframe for seizure depends on the specific circumstances of the case
and should be determined on a case-by-case basis.” In assessing
reasonableness, this Court has previously considered, inter alia, the fact
that an applicant is incarcerated, on death row, limited mobility and access
to information, lay in law, had not received legal assistance, and had no
knowledge of the existence of the Court.14
61. In the present case, the Court notes that the Applicant was incarcerated and
on death row since his sentencing in 1999, resulting in limited movement
and access to information and, therefore, according to the jurisprudence of
the Court, the perceived delay of filing the Application before the Court was
justified.
62. Given these findings, the Court holds that the Applicant filed the present
Application within a reasonable time as construed under Article 56(6) of the
Charter whose provisions are restated in Rule 52(2)(f) of the Rules and thus
dismisses the Respondent State’s objection on this point.
C.
Other conditions of admissibility
63. The Court notes that there is no contention regarding compliance with the
conditions set out in Rule 50(2)(a), (b), (c), (d) and (g) of the Rules. Even
so, it must satisfy itself that these conditions are met.
13
Igola Iguna v. United Republic of Tanzania, ACtHPR, Application No. 020/2017, Judgment of 1
December 2022 (merits and reparations), § 39.
14 Chrizostom Benyoma v. United Republic of Tanzania (merits and reparations) (30 September 2021)
5 AfCLR 360, § 60; Amini Juma v. United Republic of Tanzania (merits and reparations) (30 September
2021) 5 AfCLR 431, § 60.
16