iii. Objection based on the late submission of the claim related to the
unfairly prolonged detention without charges preferred
58. In its submissions on reparations, the Respondent State disputes the Applicant's
claim of being detained for a long period of time without charges being preferred and
being detained unfairly for two (2) years without proceedings. According to the
Respondent State, the Court should not consider this claim while dealing with the
reparations because it was not raised in the pleadings or argued during the public
hearing.
..*
59. The Court refers to the Applicant's Reply dated 16 May 2016, where the allegation of
prolonged detention without charges is made as an additional claim on the merits."
This Reply was served on the representatives of Respondent State on 10 June 2016
by United Parcel Services Courier No. 2422. The Court further refers to the verbatim
record of the public hearing held in this matter on 10 May 2018 where the Applicant
submitted at length on this c1aim. 15 The Respondent State did not respond to or
challenge the abovementioned submissions while it had the opportunity to do so prior
to the hearing and also while addressing the Court during the hearing.'6
60.ln light of the above, the Court dismisses the Respondent State's objection on this
point.
B. Conditions of admissibility not in contention between the Parties
61. The Court notes that the conditions set out in Article 56 sub-articles (1), (2), (3), (4)
and (7) of the Charter regarding the identity of the Applicant, compatibility of the
Application with the Constitutive Act of the African Union, the language used in the
See Applicant's Reply, page 10, § 32.
See Verbatim Record of the African Court on Human and Peoples' Rights, Application No. 001/2015 Armand
Guehi v. United Republic of Tanzania (10 May 2018) pages 1640 to 1638. The Record was served on the
Respondent State by a notice dated 22 May 2018.
16 See Verbatim Record, page 1632 and 1630 where the Respondent listed the issues to address the Court
on, and those being raised for the first time.
14
15
17