ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
first submitted to the Commission, but when the Commission was first seized of
the matter."
88. In reply, the Complainants argued that they submitted the Communication on
13 August 2009 and, therefore, argued that this Communication had been
submitted within a period of three mon~hs after the dismissal of their appeal by
the Constitutional Court.
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89. The Commission notes that the requir ment under Article 56(6) provides for
two events from which the timeline within which<a:;,Gommunication has been
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submitted may be computed, being: (i) "fro~,;::r'fie"'<tiPl~local remedies are
exhausted"; or (ii) "from the date the Cohuni?sf~il"is seized'with the matter" .14
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90. The Commission held in Tsatsu Tsikata
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tHq~:,;ttli(r€CJ:l!ir~Inent"is quite
rela.ted to the pri_nciple of the exhaus In . .'
re~~!~~ ~i&a:Q~8:d.~1}ce
with
Article 56(5). This means that th~t '~!l;1ffi1ssIOnJf;yStImat~~"the
timeliness of a
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dat;;~;.~efs avru,j'lelocalre~~~risexhausted
91. The African Charter does not sp~~i£i¢ally st~t";>",1;1atit mea~s by "reasonable
time", and thus, the, Commission has"~'ab~qysruled ",9:.§edon the contexts and
characteristics 0~;f4e.i\~h
"(~~s~,:1I},'~fI{is
I 't~gftJ:d, t, :''t:ommission has in its
jurisp:udence ,~~pl?yeg.as a:~:f'f~stic~, ~he six,Mp.nt s timeline stipulated in the
Amenca~ C~~,',r,"ention on. Hum,~J,'\~",
Igmlts (Attlcle 46(1(b)~ and the Eur~p~an
Convention Qg Human RIghts (ArtJ€le 35(1)), beyond which the COmmISSIOn
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would require he complainant to pil~~fefy'a compelling reason for the further
delay.
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92. Fr~;i1)he, co~'~~r(,'n:~~~"':lnalYS!,!):Jf~~hcle 56(5) in the preceding paragraphs,
the la',~~ayaila~le 10ca:F¥eJl~,~q.~~Was
exhkusted by the Complainants - with the
dismissal of't~~~t'ClPplication for leave
appeal by the Constitutional Court on 7 MaY.20Q9.''FurtJiermpre, the Com.rnlssion observes from its records that the
present Communication was received kt its Secretariat on 13 August 2009; a
period of three months after the exha~stion of domestic remedies, and well
within the international standard of a "r~asonable time" .
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93. Accordingly, the Commission finds that the requirements
been fulfilled.
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of Article 56(6) have
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14lv!ajuru v Zimbabwe (20?8) AHRLR 146 (~CHPR 20?~) para104; Communication 477fiVC'!'I1Jfo[d
<~,\
Lmdsay von Abo v Zimbabtoe 57th Ordinary SeSSIOn ACHPR 4-18 November 2Q15 'f~'t 88:;. uJ ~ \
Communication 340/07 - Nixon Nyikadzino (represerted by Zimbabwe Human Rights WGO~ftJl;n) v ~ ~
Zimbabwe n» Extra-Ordinary Session ACHPR 21 Frruary -1 March 2012 para 100. ~ \
\.).\.)1\
!? en!.
15 Communication
322/2006 - Tsatsu Tsikata v. Republi of Ghana (2014) para 51.
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Page 10 0!-'5
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