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Human Rights our
Collective Responsibility
Human and Peoples· Rights
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Article 56(7): Matters Previously Settled
59.Article 56(7) of the Charter requires that a Communication must not deal with
cases that have been settled in accordance with the principles of the United
Nations, th e African Union, or the African Charter.
60. The Complainant asserts that the present matter has not been submitted or
adjudicated by any other international human rights body. 46 The Respondent's
state does not contest this assertion but argues that the matter was settled
domestically, which should preclude further review. 47
61. The Commission recalls its positions in Jean-Claude Roger Gbago v. Cote
d'lvoire, 48 where it held that a case is considered settled if another international
tribunal has rendered a final decision on the merits, and in its clarification in
Amnesty International V. Sudan 49 that national judicial determinations do not
qualify as prior settlements envisaged under Article 56(7) of the African Charter.
62. Since the Respondent State has not provided evidence that this case has been
decided by an international or regional human rights mechanism, the
Commission finds that the requirement under Article 56(7) of the African Charter
has been satisfied.
DECISION
63. The Commission finds that the communication satisfies the requirements under
Articles 56(1 ), (2), (3), (4), and (7) of the African Charter but fails to satisfy the
requirements under Article 56(5) and (6) of the same.
64. Consequently: (i)
The African Commission declares the communication inadmissible under
Article 56 of the African Charter.
(ii) Decided to notify the Parties of this decision in accordance with Rule
118(4) of its 2020 Rules of Procedure.
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46
See, the Complainant's written submissions cited above, para. 24
47
Responden t State Submission, cited above, para. 31
48
Communication 397 / 10, para. 78
49
Communication 48/ 90, para. 19
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Done at the 84th Ordinary Session of the Commission
from the 21st Day of July to the 30th Day of Jul
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The African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout. Kombe North District,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
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