the domestic courts of the Respondent State in fulfilment of Rule 50(2)(d)
of the Rules.
51.
In relation to the requirement for filing applications within a reasonable time,
under Rule 50(2)(f) of the Rules, the Court recalls that neither the Charter
nor the Rules specify the time frame within which Applications must be filed,
after exhaustion of local remedies. The Court underscores, in this regard,
that in accordance with its jurisprudence “… the reasonableness of the
timeframe for seizure depends on the specific circumstances of the case
and should be determined on a case-by-case basis.”16
52.
In the present case, the Court notes that the decision of the Court of Appeal,
dismissing the Applicant’s appeal, was rendered on 15 March 2014 while
this Application was filed on 19 February 2018 – a period of three years, 11
months and four days thus lapsed. However, the Court also notes that the
Applicant filed an application for review of the Court of Appeal’s decision
which was dismissed on 7 August 2017. The period between the dismissal
of the Applicant’s application for review and filing before this Court,
therefore, is six months and 12 days.
53.
In its jurisprudence, the Court has consistently held that applicants who file
review proceedings against apex court decisions must do so within the
applicable statutory frameworks and should not be penalised for utilising an
avenue available within the legal system.17 In the present case, the Court
notes, from the record, that the Applicant’s application for review bears a
serial number from 2014 which indicates that it was filed within the same
year after the Court of Appeal had dismissed his appeal.
54.
The Court has also taken notice of the fact that the Applicant represented
himself before this Court and that he has been incarcerated since 27
16 Zongo and Others v. Burkina Faso (merits), supra, § 92. See also Thomas v. Tanzania (merits), supra,
§ 73.
17 Leonard Moses v. United Republic of Tanzania, ACtHPR, Application No. 033/2017, Ruling of 5
September 2023, § 55.
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