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

Select target paragraph3