p.CHP11 (~ r ; 6~,!jE~B Human Rights our Collective Responsibility Human and Peoples· Rights lrnm 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. C,~ "'0 -:e· G) u 4-►R-IC,->,'' 'O~ ...._ 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 11 I .l 0 Afncan(-.1 UniOOW. \ ------ Done at the 84th Ordinary Session of the Commission from the 21st Day of July to the 30th Day of Jul ::; 6 "' .:1 ':,~ ·-. t ME E1 o<c: ;,,/ 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 Fm ~i l • ~, 1- h:::tni111/n)~frir.:::1-1 in inn n rn /