date on which the Tribunal of First Instance made its decision and given that the Applicant was aware of the impugned infringement as of the abovementioned date, but chose to file his Reference only on 23rd February 2012, the said Reference was manifestly filed outside the two-month period prescribed by Article 30(2) of the Treaty. 38. Furthermore, relying on Omar Awadh’s case (supra), learned Counsel asserted that the Appellate Division of this Court, while considering the scope of Article 30(2) of the Treaty, held that the starting date of an act complained of under the said article (including the detention of a complainant), is not the day the act ends, but the day when it is first effected. He also cited an extract of the decision in Independent Medico Legal Unit’s case (supra) in which the Court stated that: “The Treaty does not contain any provision enabling the Court to disregard the time limit of two months and that Article 30(2) does not recognize any continuing breach or violation of the Treaty outside the two months after a relevant action comes to the knowledge of the Claimant.” 39. Counsel also submitted that the “Applicant cannot afford himself the Argument to the effect that the detention arising out of the decision of the Tribunal of First Instance is equally unlawful and as such a continuing violation; and that, in this case, computation of the time can only commence after the cessation of the continuing detention. Continuing violation are not exempted from Article 30(2) of REFERENCE NO.3 OF 2012 Page 14

Select target paragraph3