A. Objection based on failure to file the Application within a reasonable time 38. The Respondent State submits that “the judgment of the Appeal Court was delivered on 12th March 2013 while the Applicant filed the instant Application on 14 March 2019. This indicates that the Application before this Hon. Court has been filed six (6) years after local remedies were exhausted.” According to the Respondent State, therefore, the time taken to file this Application cannot be considered as reasonable. 39. The Respondent State further submits, based on the Court’s jurisprudence, that although Article 56(6) of the Charter does not set a time limit within which applications must be filed, the Court, in determining reasonableness of time, must take into consideration, inter alia, the particular situation of the Applicant. Given the preceding, the Respondent State submits that “the particular situation of the Applicant […] do not constitute justifiable grounds for the fact that it took the Applicant six (6) years to file this Application.” Relying on the record of the proceedings before the High Court and Court of Appeal, the Respondent State further submits that the Applicant “is financially stable, that she is literate and had legal assistance and advocates throughout the proceedings in domestic courts.” It is also the Respondent State’s submission that “the Applicant has not advanced any grounds to account for the delay of up to six years before the filing of this matter.” * 40. In her Reply, the Applicant raises the following reasons as justifying the time it took for her to file the Application, after the exhaustion of local remedies: a. After her conviction she remained incarcerated on death row with limited access to information and her movement was restricted; b. The long years of incarceration and time on death row led to the deterioration of her mental and physical health and she suffered the “death row phenomenon” in addition to her pre-existing physical ailments caused by her HIV positive status. In the same vein, the Applicant was 12

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