submits a complaint on which a decision has already been taken by a human rights body,
the latter must have addressed the concerns, including the relief.
124. Nevertheless, a possible scenario is that of a complaint which is, a priori, substantially
identical to the one submitted to the Commission for analysis. In this respect, the European
Court of Human Rights has a wealth of case law and analysis on the issue. Indeed, in its
Article 35 para 2 b, the Convention provides that "The Court shall not deal with any
application submitted under Article 34 that is substantially the same as a matter that has
already been examined by the Court", It is therefore necessary to understand what the
Court means by "same as a matter that has already been examined",
125. In its jurisprudence, the Human Rights Committee has shown that in grder for a case to be
considered identical to the same complaint previouslyit:i,J~d with the, Court and therefore
inadmissible, the Court examines whether the two, applitations brougfi~ l)efore it by the
applicants relate essentially to the same persons; the same facts and the sa~ecomplaints21.
In Nobili Massuero v. Italy, the European Court stated that "as regards the first limb of
the Covernment's
objection, the Court.recalls
that, "under Article 35 § 2 (b) of the
Convention, itdoes not deal with an application under Article 34 which is essentially the
same as a case already examined, '!Zrovided",1f,at ~ti~J\j~s not contain any new relevant
information. The Court notes that application ne. pQ531/96, although relating to the same
set of proceedings, was lodged by a different applicant, namely Mr Francesco Nobili
Massuero, the father of the present applicant. Consequently, the present application cannot
be regarded as being substantially the same of the previous one"22
1
126. In this particular case, the Respondent State alleges that" the central claim of the present
Communicationjiround
which the oth~r allegations of rights violations are built is the right
to self-determination,
In that regard; it is alleged that the Commission has deliberated on
the matter several times". The State:<:oncludes that, the matter has already been settled by
the Commission in-Communication
No. 266/03, and therefore, the Commission should
deem the same inadmissible.
127. However, as oppo~ed to theabovej'fnentioned
Communication, despite the fact that right
to self-determination
may seem to allegedly be central to the claim, the Commission
observes no particular hierarchy to the claims pertaining to a Complaint in relation to
rights provided for in the Charter. Indeed, the Complainants
allege violations to other
rights, resulting from a situation of instability which began in 2016, seven (7) years after
the Commission rendered its decision in Communication No. 266/03. In this regard, the
Commission finds it challenging to conclude that the current complaint is)2 Sp-0-gn...the
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same facts.
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128. Further, the decision rendered by the Commission in 2009 involved
Gunme and (thirteen) 13 others, while the current complaint had iniqa~ygb
:\
en's..,ubplitt ct :
i~"
151012006, UN Doc. CCPRICI951DI151 012006 (HRC 2009),
~
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AU·UA c"
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" Vojnov'c v. Croatia, Comm.
22 Application
no. 58587100 by Ferdinanda
NOBILl MASSUERO against Italy,
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21