64.Thirdly, the Applicants have suffered enormous mental and physical
torture and have had to undergo extreme inhumane conditions, having to
constantly live with the fear of death every single day for the last 16 years.
65. Fourthly, the Applicants submit that even if they were to be held
technically out of time to bring this Application, then this Court ought to
exercise its discretion to extend, in the interest of justice, the period within
which the Applicant is allowed to bring this claim, given the particular
circumstances of this case.
66.Finally, they submit that the delay in bringing the present Application has
been as a result of a range of significant factors, including: (a)
complications arising from their being in detention and being required to
spend time in Solitary; (b) indebtedness the Applicants have suffered as a
direct result of having been held and deprived of their livelihood, which
has made organizing their life and bringing formal complaint particularly
difficult; and (c) the emotional and psychological trauma, which has
significantly affected the Applicants’ ability to manage and
bring
the
present Application.
67.They conclude by stating that even if the Applicants were technically
outside the three-year limitation period, this Court ought to exercise its
inherent discretion to adjudge this Application admissible in the interest of
Justice between the parties.
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