sometimes denied access to adequate treatment and medication for her
illnesses. The Applicant was thus not in the necessary physical or mental
condition to educate herself as to the existence of the Court.
c.
The Applicant did not have legal counsel that may have enabled her
awareness of the Court’s existence until, in 2019, when the Court
designated pro bono counsel to assist her.
d.
During the proceedings in domestic courts, she relied on public
defenders appointed by the Respondent State who proved to be
ineffective. In addition, the Applicant relied on the financial support of a
family member to pay for advocates during the appeal proceedings.
e.
The Respondent State has not adduced evidence to support the claim
that the Applicant is financially stable.
***
41. Pursuant to Article 56(6) of the Charter, as restated in Rule 50(2)(f) of the
Rules, in order for an application to be admissible, it must be “submitted
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”.
42.
The Court notes that the Respondent State contests the admissibility of the
Application on the basis of the Applicant’s failure to file it within a reasonable
time after exhaustion of local remedies. The Court observes, however, that
it is incumbent on it to first satisfy itself that local remedies have been
exhausted before determining the reasonableness of time taken by the
Applicant to file an application.8 This is because an adverse finding as to the
exhaustion of local remedies would render the exercise of determining
whether the Application was filed within a reasonable time superfluous.
43. The Court recalls that the Applicant was convicted by the High Court sitting
at Mwanza on 19 September 2011. She then appealed to the Court of
Appeal which upheld her conviction on 11 March 2013. The Applicant’s
8
Ramadhani Issa Malengo v. United Republic of Tanzania, ACtHPR, Application No. 030/2015, Ruling
of 4 July 2019 (Jurisdiction and admissibility), § 38.
13