42.
In a similar case, the Appellate Division of this Court has
rejected the concept of legal continuing violations and opted
instead for a strict interpretation of Article 30(2) of the Treaty in
order to protect the principle of legal certainty. It has so decided
that:
“The
principle
of
legal
certainty
requires
strict
application of the time-limit in Article 30(2) of the
Treaty. Furthermore, nowhere does the Treaty provide
any power to the Court to extend, to condone, to waive,
or to modify the prescribed time limit for any reason
(including
for
‘continuing
violations)”.
[See
Omar
Owadh’s case (supra), p. 21].
43.
In view of all the foregoing, we conclude that the Applicant filed
his Reference out of the prescribed time, and that, consequently,
the Reference is time-barred for not complying with the
provisions of Article 30(2) of the Treaty. We answer this issue in
the affirmative.
44.
Since the issue is answered in the affirmative, accordingly, we
refrain from entertaining the remaining issues for the simple
reason that the Reference is no longer alive.
45.
Consequently, the Reference is dismissed.
46.
As for costs, given the peculiar circumstances of this
Reference, it would not serve the ends of justice to condemn the
Applicant in costs. We accordingly deem it just that each party
shall bear its/his own costs.
REFERENCE NO.3 OF 2012
Page 16