Commission, therefore, holds that the Complainants have satisfied Article 56(6)
of the African Charter.
110.
By virtue of Article 56(7) of the African Charter, Article 55 Communication
will be considered if the Communication does not deal with cases that have
already been settled by African Commission or another international settlement
body. The requirement under Article 56(7) of the African Charter is founded on
AC
HP
R
the non bis in idem rule35 which ensures that no State may be sued or condemned
more than once for the same alleged human rights violations. The rule also seeks
to uphold and recognize the res judicata36 status of decisions issued by
international and regional tribunals and/or bodies such as the African
Commission. Accordingly, the African Commission will not entertain any
Communication with the same facts and parties37 as that, which has been settled
by another international body.
111.
In Bob Ngozi Njoku v. Egypt
38
the African Commission noted that Article
56(7) of the African Charter “...talks about cases which have been settled..."39 and
not cases which are still pending before other international mechanisms.
112.
The African Commission is satisfied that the Complainants, in their written
submissions, have exhaustively addressed the seven Admissibility requirements
under Article 56 of the African Charter and hereby declares the Communication
Admissible under Article 56 of the African Charter.
Submissions on the Merits
35
Also known as the Principle or Prohibition of Double Jeopardy
The principle that a final judgment of a competent court or tribunal is conclusive on the parties in any
subsequent litigation involving the same cause of action
36
37
38
Communication 266/02 Kevin Mgwanga Ngumne et al. v. Cameroon, Para. 55
Communication 40/90, (ACHPR) 11th Activity Report
Ibid, paragraph 56, See also, Communication 260/02 Bakweri Lands Claim Committee v. Cameroon,
Para. 52
39
27