requirement for exhaustion of local remedies. As regards the delay in the
hearing of the Applicant’s review of the Court of Appeal’s judgment, the
Court considers that, although the application for review is considered to be
an extraordinary remedy,
should
determine
if used
the application
by the Applicant,
for review
within
accordance with Article 7(1) of the Charter, which
the competent court
a reasonable
time,
in
provides that: “Every
individual shall have the right to have his cause heard. This comprises: d)
The right to be tried within a reasonable time ...”.
90. The Court considers that in order to determine whether an application for
review
has
been
examined
within
a reasonable
time
or whether
the
timeframe is unduly prolonged, it is a prerequisite for an application to have
actually been filed before the competent court. In the instant case, the Court
notes that it has already examined this matter and found that the Applicant
has not proved that he actually filed the application for review before the
Court
of
paragraph
Appeal.
Nevertheless,
36 above,
the
Court
reiterates,
that the filing of the application
as
indicated
for review
in
is an
extraordinary remedy the Applicant allegedly decided to consider.
91.For these
reasons, the allegation that there was an undue
delay in the
examination of the application for review is moot and, the claim is therefore
dismissed.
Vill.
REPARATIONS
92. The Applicant prays the Court to quash the conviction for rape, annul the
sentence
imposed,
release
him
from
prison
immediately,
grant
him
pecuniary reparations and any other order that it may deem fit and just to
grant.
93. The Respondent State prays the Court to dismiss the Applicant's request
for reparations.
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