Original: French were such that Mr. Gadhafi could not use the provisions applicable in seeking a remedy. Besides, the documents adduced by the Applicant show that the Detainee was unable to avail himself of the said remed ies even when they were available. 69. Indeed , he was first arraigned before a special court called the "People 's Court" which on 23 December 2012, was declared unconstitutional by the Supreme Court of Libya . Despite that, the fact that Mr. Gadhafi is being detained in a secret location by a revolutionary brigade and completely isolated from his friends and fam ily, without access to a lawyer of his choice and sentenced to death in absentia, constitutes sufficient grounds for the Court to conclude that the Detainee has been prevented from legally seeking local remedies as prescribed by Libyan law and that, consequently, it was impossible for him to fu lfil the condition regarding exhaustion of local remedies. 70. In view of the aforesaid , the Court finds that the requ irement to exhaust local remedies is not strictly applicable in the instant case given that such local remedies are not available and are not effective; and even if they were, Mr. Gadhafi has not had and does not have the possibility of using the said remedies . Consequently, the Appl icant cannot be expected to exercise such a remedy before bringing the case before the Court. 71 . As regards the reasonable time requirement, the initial Application was filed before the Court on 31 January 2013 that is, one year following the firm conclusion that the Respondent State has not complied with the Provisional Measures ordered by the Commission on 18 April 201 2. This Application limits

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