Going by the practice of similar regional human rights institutions, such as
the Inter-American Commission and Court and the European Court, six
months seem to be the usual standard. This notwithstanding, each case
must be treated on its own merit. Where there is good and compelling
reason why a Complainant could not submit his/her complaint for
consideration on time, the Commission may examine the complaint to
ensure fairness and justice
61. In the present Communication, the Complainants have made no
submissions to explain why the Communication could not be submitted
earlier than thirty one months. Submitting a Communication thirty one
months after local remedies were exhausted without any reason to explain
such a wide interval is clearly unreasonable and the African Commission
therefore finds no compelling reason why this Communication should
meet the requirement of Article 56(6).
62. According to Article 56(7) of the African Charter, Communications, in
order to be admissible must not deal with cases which have been settled
by the States, in accordance with the principles of the United Nations, or
the Charter of the OAU or the African Charter. In the present case, the
Communication has not been settled in accordance with any of these
international principles and as a result, the African Commission finds that
the requirement of Article 56(7) has been fulfilled by the Complainants.
Decision of the African Commission on Admissibility
63. Based on the above, the African Commission decides:
months after the Complainant fled Zimbabwe and no convincing reason was put forth to
explain such delay.
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