March 2010, is a reasonable time within the meaning of Article 56(6) of the
Charter.'9
47.In the instant
movement
case, the Applicant was not imprisoned and his freedom of
was
not restricted after exhaustion
of local remedies;
he is not
indigent and his level of education not only enabled him to defend himself,
as evidenced by this Application filed on24 February 2017, but also enabled
him to be aware of the existence of the Court and the procedure for bringing
the
case
within
a
reasonable
time.
Moreover,
the
Respondent
State
deposited
the Declaration recognising the Court's jurisdiction two (2) years
and
(3)
three
months
before the exhaustion
of local
remedies.
Finally,
during this period, the Applicant has not pursued any extraordinary judicial
remedies, such as an application for review.
48. In light of the foregoing, the Court concludes that the period of two (2) years
and
three
Application
(3)
months
that
is unreasonable
elapsed
within
before
the
the
meaning
Applicant
of Article
brought
56(6)
his
of the
Charter and Rule 40(6) of the Rules.
Vill.
COSTS
49. The Court notes that Rule 30 of its Rules provides that "unless otherwise
decided by the Court, each party shall bear its own costs".
50. Taking into account the circumstances of this case, the Court decides that
each party shall bear its own costs.
43 Mohamed Aubakari v. Tanzania (merits), § 93
14