which has already been settled by the Parties in accordance with the principles
of the Charter of the United Nations, the Constitutive Act of the African Union, the
provisions of the Charter or of any legal instrument of the African Union.
102. The present Application refers to the judgment delivered by this Court on 18
November 2016 in Action pour la Protection des Droits de I'Homme (APDH) v
Céte d'Ivoire (merits), concerning the composition of the Electoral Commission
and to the Court’s judgment on 28 September 2017 in Actions pour la Protection
des Droits de l'Homme (APDH)
v Céte d'Ivoire (interpretation). The Court thus
needs to ensure that the instant Application does not raise any matters or issues
that have been previously settled by these judgments.
103. The Court recalls that in its earlier decisions in Gombert Jean-Claude
Roger v
Republic of Céte d'Ivoire? and Dexter Eddie Johnson v Republic of Ghana,"° it
developed three cumulative criteria to determine whether the admissibility criteria
established in Article 56(7) and Rule 40(7) have been met.
104. In Paragraph 48 of its ruling in Dexter Eddie Johnson v Republic of Ghana:
[t]he Court notes that the notion of "settlement" implies the convergence of three major
conditions:
(1) the
identity of the
parties;
2) identity
of the
applications
or their
supplementary or alternative nature or whether the case flows from a request made in
the initial case; and 3) the existence of a first decision on the merits.
105. Regarding the first criterion, “identity of the parties’, the Court notes in the instant
case
that
although
the
Respondent
different. In the judgement in APDH
State
is the
an
lvorian
Non-Governmental
the
Applicants
are
v Céte D'Ivoire (merits), the Applicant was
Actions pour la Protection des Droits de Homme
as
same,
Human
(APDH) which presents itself
Rights
Organisation
which
has
Observer Status before the African Commission on Human and Peoples’ Rights.
° Gombert v. Céte d'ivoire (jurisdiction and admissibility) (2018) 2 AfCLR 270, § 45.
10 Dexter Eddie Johnson v. Republic of Ghana, AfCHPR, Application No. 016/2017, Ruling of 28 March
2019 (jurisdiction and admissibility) § 48.
22