p.CHPJi f) 6~rrtj,E~,f1 (j , mtn) ~ Human R;ghts our Collective Responsibility Human and Peoples' Rights facts by insisting his complaint was received earlier than it was. In the absence of justifiable circumstances explaining the delay, the Commission considers that the present communication was not filed within a reasonable time from the exhaustion of remedies. Article 56(7) of the Charter 62 . Article 56(7) of the Charter states that "Communications relating to human and Peoples' Rights ... shall be considered if they: do not deal with cases which have been settled by these states involved in accordance with the principles of the Charter of the United Nations, or the Charter of the 25 Organization of African Unity or the provisions of the present Charter." The rule is based on the non bis in idem and res judicata rules. 35 The Commission has previously found in Luke Munyandu Tembani and Benjamin John Freeth (represented by Norman Tjombe) v Angola and Thirteen Others that the provision requires that a case " no longer be under consideration under an international dispute-settlement procedure" 36 Further, that the other international body must have decided the case on the merits and there is a 'final settlement' by that body. 37 The settlement must, as the Commission has previously stated, a human-right adjudicatory body. 38 In the present case, there is no evidence to suggest that this matter was settled by another international adjudicatory body. It thus complies with sub-Article 7 of the Charter. COMMISSION'S DECISION ON ADMISSIBILITY 63 . In view of the above the Commission decides the following: a. The Communication does not satisfy the requirements of Article 56(5); b. The Communication does not satisfy the requirements of Article 56(6); c. The Communication is declared inadmissible. Done at the 82 nd Ordinary Session of the Commission held in Banjul, The Gambia from the 25 th of February to the 11 th of March 2025 35 Communication 260/02 : Bakweri Land Claims Committee v Cameroon, 4 Dece Communication 409/12, 30 April 2014, para 112. 37 Communication 260/02 : Bakweri Land Cla ims Committee v Cameroon, 4 Dec 2 38 Communication 279/03-296/05: Sudan Human Rights Organisation & Centre on v Sudan, 27 May 2009, para 103. 36 .____~ _, ,;: . ns (COHRE) ..--· 11 I Page .!t,(*,,,IW;- African(i ,, Union\t ) The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone : (220) 230 4361 Fax: (220) 441 05 04 Fm;:1il • ~11-h~nil ll(n)~frir;i-1 tninn nrn