44. In its contention of the Communication‟s non-compliance with Article
56(6), the Respondent State avows that according to the Complainant‟s
submissions, the alleged violations took place between October 2005 and
May 2006, while the Communication was received by the Commission on
5 November 2007, which add up to seventeen (17) months after the
alleged violations. The Respondent State notes that, the Complainant also
refers to 14 January 2003 as the date on which the alleged violations took
place, making the period even longer than the time period in contention.
45. The Respondent State submits that although the African Charter does not
prescribe what constitutes a reasonable time, other jurisdictions have clear
indications
to
interpretation
that
of
effect.
reasonable
The
time
Respondent
given
by
State
the
mentions
the
Inter-American
Commission and the Protocol merging the African Court of Justice and the
African Court for Human Rights which both prescribe a period of six (6)
months. It is the State‟s submission that given the modern era of
communication where various modes are available, it would not require
the Complainant
seventeen (17) months or more to submit the
Communication, taking into account the gravity of the alleged violations.
46. In light of the above, the Respondent State submits that if calculation is
made from 14 January 2003, when the alleged violations are supposed to
have taken place, the delay is clearly unreasonable. The Respondent State
adds that, where calculation is made with effect from 2005, seventeen (17)
months cannot also be considered reasonable under the circumstances.
12