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
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