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?<~.:':;'.;_
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