conviction and sentence. The allegation forms part of the “bundle of rights
and guarantees” relating to the right to a fair trial which was the basis of the
Applicant’s appeals.12 The domestic judicial authorities had ample
opportunity to address this allegation, so that it is unreasonable to require
the Applicant to file a new application before the domestic courts seeking
redress for this claim.13
50. Accordingly, the Court finds that the Applicant exhausted local remedies as
envisaged under Article 56(5) of the Charter and Rule 50(2)(e) of the Rules.
B. Objection based on failure to file the Application within a reasonable time
51. The Respondent State submits that, in the event that the Court finds that
the Applicant exhausted local remedies, the Application should be
dismissed for not being filed within a reasonable time from the date of
exhaustion of local remedies. In this regard, the Respondent State states
that its Court of Appeal delivered its decision on the 27 October 2014
whereas this Application was filed before this Court on 8 June 2016, which
is after a period of one (1) year and seven (7) had lapsed.
52. The Respondent State submits that although Rule 50(2)(e) of the Rules
does not quantify a period of reasonable time, developments in international
human rights jurisprudence have established a period of six (6) months as
reasonable time. It asserts that after the six-month period has elapsed, the
“[European/Inter-American] Human Rights Court and Commission do not
entertain the communication.” The Respondent State also contends that the
instant Applicant does not mention any impediments that prevented them
from lodging the Application within six (6) months, which is regarded as a
reasonable time, as held in the case of Michael Majuru v. Zimbabwe.
12
13
Thomas v. Tanzania (merits), supra, § 60; Onyachi and Njoka v. Tanzania, supra, § 68.
Thomas v. Tanzania, ibid, §§ 60-65.
14