36. With regard to the obligation to file an application within a reasonable
time, the Court notes that Article 56(6) of the Charter does not set a time
limit for the filing of cases
before
it. Rule
40(6)
of the
Rules,
which
restates the provisions of Article 56(6) of the Charter, simply requires the
Application
to "be
filed within
a reasonable
time
from
the date
local
remedies were exhausted or from the date set by the Court as being the
commencement of the time limit within which it shall be seized with the
matter’.
37.It emerges
from the record that local remedies
were
exhausted
on 23
May 2014, with the judgment of the Supreme Court. This is, therefore,
the date which must be regarded as the starting point for calculating and
assessing
the
reasonableness
of the time, within the
meaning
of the
provisions of Rule 40(6) of the Rules and Article 56(6) of the Charter.
38. The Application was filed at this Court on 24 February 2017, two (2)
years, nine (9) months and nine (9) days after the exhaustion of domestic
remedies. The Court must therefore determine whether this period is
reasonable within the meaning of the Charter and the Rules..
39.The
Court recalls that "the reasonableness
depends
on the particular circumstances
of a time-limit for referral
of each
case,
and
must be
assessed on a case-by-case basis ..."”
40.The
Court has consistently held that the six-month
period expressly
provided for in other international human rights law instruments cannot
be applied
under Article 56(6) of the Charter;
and Court has therefore
adopted a case-by-case approach in assessing the reasonableness of a
time limit within the meaning of Article 56(6) of the Charter"®.
7 Beneficiaries of the late Norbert
liboudo & Mouvement Burkinabé
objections) (2013) 1 AfCLR 197, §
§ Norbert Zongo ibid. See also the
Zongo, Abdoulaye Nikiema alias Ablassé, Ernest Zongo and Blaise
des droits de I'homme et des peuples v. Burkina Faso (preliminary
121.
judgment in Alex Thomas v. Tanzania (merits) op.cit § 73 and 74.
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