and ten (10) months and three (3) days elapsed respectively. The issue to
be determined is whether these periods of time are reasonable within the
meaning of Article 56(6) of the Charter and Rule 50(2)(f) of the Rules.
57. The Court notes that to justify the length of time it took him to file the
Application, the Applicant asserts that he was deprived of his right to
information as a result of his detention from 20 February 2018 to 31 October
2018, as he did not have free access to general information websites and
the official newspaper of the Respondent State. In this regard, the Court
finds in particular that the failure to file an application within a reasonable
time due to incarceration cannot be justified by general assertions or
assumptions but must be proven with evidence.
58. The Court notes that it emerges from the records that the Applicant, who
was detained on 20 February 2018, escaped on 31 October 2018. The Court
considers that as a result of this detention, the Applicant's access to
information was significantly reduced so that he could not be aware of
legislative and regulatory developments and decisions made in this regard.
The Court also notes that owing to his escape, access to information and
documents for the purpose of initiating actions before the Court of Appeal
became more difficult.
59. In the circumstances of this case, the Court considers that the time taken to
bring the case before it is reasonable. Accordingly, the requirement of Rule
50(2)(f) is met.
vii.
On the requirement relating to cases which have been settled by the
Parties
60. Finally, the Court notes that, pursuant to Rule 50(2)(g) of the Rules, there is
no indication that the present Application relates to a matter already settled
20