cannot be justified by general assertions or assumptions.13 The Court has
in particular noted that, despite being incarcerated and restricted in his
movements, the Applicant had not demonstrated that he was illiterate, lay
in matters of law or unaware of the Court’s existence.14
49. The Court observes that, in the present case, the time-limit for assessing
reasonableness should, in principle, be computed from the date of the Court
of Appeal’s judgment, that is, 16 July 2004. However, the Applicant could
not have brought the case before the Court on that date as the Respondent
State had not yet deposited the Declaration. The date to be taken into
account is, therefore, the date on which the Respondent State filed the said
Declaration, that is, 29 March 2010, since it was only from this date that
individuals could lodge applications with the Court against the Respondent
State. As the Application was filed on 8 June 2016, the time-limit to be taken
into account is six (6) years, two (2) months, and ten (10) days. Therefore,
the issue to be addressed here is whether such time is reasonable within
the meaning of Article 56(6) of the Charter and Rule 50(2)(f) of the Rules.
50. The Court notes that, in the present Application, although the record shows
that the Applicant was incarcerated, he failed to explain why he waited for
six (6) years, two (2) months, and ten (10) days to file the Application. In the
absence of such justification, the Court considers, based on its above cited
case-law, that the Application was not filed within a reasonable time, within
the meaning of Article 56(6) of the Charter and Rule 50(2)(f) of the Rules.
51. The Court therefore upholds the Respondent State’s objection and
considers that the Application was not filed within a reasonable time.
13
Abdellah Sospeter Mabomba and Others v. United Republic of Tanzania, AfCHPR, Application No.
017/2017, Judgment of 22 September 2022, § 51; Hussein Ally Fundumu v. United Republic of
Tanzania, AfCHPR, Application No. 016/2018, Judgment of 22 September 2022, § 57.
14 Mabomba and Others v. Tanzania, supra, § 52.
13