with a human rights mandate."21 Additionally, in Kevin Mgwanga Gunme et al v. Cameroon, the Commission held that such a matter must have involved the same parties, and the same issues raised by the complaint before the African Commission.F 60. Further, in Sudan Human Rights Organisation & Centre on Housing Rights and Evictions v. Sudan the Commission highlighted that, "The mechanisms envisaged under Article 56(7) of the Charter must be capable of granting declaratory or compensatory relief to victims, not mere political resolutions and declarations."23 61. In the present Communication, the Commission observes the following: that the complaint submitted to the Working Group involves the same Respondent State and victims, including the victim before the Commission; that the Communication raises the same issues of the arbitrary detention and allegations of torture committed against the victim, and lastly, that the Working Group issued an opinion requesting "the Government to immediately release Dr. Morsi and his advisors and to take the necessary steps to provide redress for all the material and moral damage suffered by the individuals through reasonable compensation."24 62. The Commission nevertheless observes that, the Working Group is not a UN treatybody and cannot be considered to bear equal status with the Commission. More so, although the Working Group has the mandate to investigate individual complaints, it is only empowered to issue 'Opinions' and not pronounce compensatory relief to victims. In this regard the Commission considers that the Working Group does not fall within the contemplation of Article 56(7) in order for the complaint to be considered res judicata. 63. In light of the above, the Commission finds that the Communication under Article 56(7). admissibility requirement Decision of the Mrican Commission meets the on Admissibility 64. In view of the afore analysis, the African Commission on Human and Peoples' Rights: 1. Declares the Communication inadmissible for failure to comply with Rule 56(5), and 56 (6) of the African Charter; Communication 279/03-296/05: Sudan Human Rights Organization & Centre on Housing Rights and Evictions (COHRE) v. Sudan (2009) ACHPR, para J 04 22 Communication 279/03: Kevin Gunme et al v. Cameroon (2009) ACHPR, para 86 23 279/03-296/05 : Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) / Sudan, Parap!.a~~::1.0Q... 24 Supra note 18, paragrap~7?<~.:':;'.;_ .::".,-,.. 21 1 ,. !-i, " t, , '. • ~ ,u ~ \. :.; .. : ~.. , ., - ,,_.// :.;- "~ _/ 11 >\. I

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