iv. Objection alleging that the Application concerns cases that have been
settled in accordance with either the principles of the Charter of the
United Nations, or the Constitutive Act or the provisions of the Charter
340. The Respondent State argues that the admissibility requirement laid down
in Article 56(7) of the Charter, reiterated in Rule 50(2)(g) of the Rules,
derives from the principles of international law: ne bis in idem and res
judicata, as underlined by the African Commission in Communication
Bakweri Land Claims Committee v. Cameroon. The Commission
underscored that the requirement under Article 56(7) of the Charter is met
when a case involves the same parties and the same issues to a case that
has been settled by an international or regional mechanism, as it emerges
from the Communication Patrick Okiring and Agupio Samson (represented
by Human Rights Network and ISIS-WICCE) v. Republic of Uganda. It
argues that the Court has endorsed this jurisprudence.
341. The Respondent State contends that, in the instant case, the matter has
already been settled, or at least brought before various other bodies, in
accordance with the principles of the Charter of the United Nations or the
Charter, therefore the Application does not meet the requirement of Rule
50(2)(g) of the Rules and must be declared inadmissible.
342. The Respondent State submits that the determination of this admissibility
requirement involves considering cases brought before another court or
tribunal, as it emerges from Rule 93(2)(j) of the Commission’s Rules of
Procedure of 2010, which requires individual complainants to provide “an
indication that the complaint has not been submitted to another international
settlement proceeding as provided in Article 56(7) of the African Charter”.
343. In this respect, the Respondent State submits that the Commission would
have declared Communication Patrick Okiring and Agupio Samson v.
Uganda inadmissible if its authors had not withdrawn the parallel
proceedings pending before the EACJ. Similarly, the Court would have
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