uoosoe
assessment of reasonableness as envisaged in Rule 40(6) of the Rules and
Article 56(6) of the Charter.
50. The Application was filed on
22 April2016, that is, four (4) years and thirty-six
(36) days after exhaustion of local remedies. Therefore, the Court shall
determine whether this time is reasonable.
51.The Court recalls its jurisprudence in Norbert Zongo and Others v. Burkina
Faso in which it concluded 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."11
52.The Applicant avers that he filed an application for review before the Court of
Appeal but was unsuccessful; the Respondent State does not dispute this fact.
ln the Court's view, the Applicant pursued the review procedure even though it
was an extraordinary remedy. The time spent by the Applicant in attempting to
exhaust the said remedy should thus be taken into account when assessing
the reasonableness of time according to Rule 40(6) of the Rules and Article
56(6) of the Charter.l2
53. From
the record, the Applicant is in prison, restricted in his movements and
with limited access to information; he is indigent and unable to pay for a lawyer.
The Applicant also did not have free assistance of a lawyer throughout his initial
trial and appeals; and was not aware of the existence of this Court before filing
the Application. Ultimately, the above mentioned circumstances delayed the
Applicant in filing his claim to this Court. Thus, the Court finds that the four (4)
years and thirty six (36) days taken to file the Application before this Court is
reasonable.
ttApplicationNo.0l3/201 l.Judgmentol 28103114 (Merits), NorbeftZongov.BurkinaFaso(Merits)$92.
See also Alex Thomas v. Tanzania (Merits) op.ct, S 73;
12 See Armand Guehi v. Tanzania (Merits
and Reparations), S 56; Application No. 02412015. Werema
Wangoko v United Republic of Tanzania (Merits and Reparations), $ 49
13
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