000{83 36. The Applicant also submits that the Application does not contain disparaging or insulting language and the Application is not based on news disseminated through the mass media. 37. The Applicant further submits that local remedies have been exhausted since he has taken his appeal against the imposition of the mandatory death penalty as far as possible within the Respondent State's domestic courts, namely the Supreme Court of Ghana which is the highest court in Ghana from which no further appeal can be brought. 38. The Applicant further avers that he is lay, indigent and incarcerated and after exhausting local remedies, he unsuccessfully attempted to use "extraordinary measures' by pursuing an application for clemency and then filing an application to the HRC before turning to this Court. The Applicant, therefore, submits that the Application was filed within a reasonable time since he explored "extraordinary measures" before bringing the Application to the Court. The Applicant relies on the case of A/ex Thomas v Tanzania in support of his submission.T 39. Lastly, the Applicant submits that the Application does not raise matters or issues previously settled by the parties in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union. 40. ln this regard, the Applicant submits that the fact that the HRC has adopted Views in his case does not preclude the admissibility of the present Application under Rule 40(7) of the Rules since the HRC did not address any matter or issue in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union and the Views of the HRC were based on the ICCPR which contains its own TApplication No. 005/2013. Judgment ot 2011'112015 (Merits), Atex Thomas v lJnited Republic of Tanzania, (hereinafter referred to as "A/ex Thomas v Tanzania') SS 73 -74. 12 rNl.-\ v' @