000ffir 49. With respect to the first condition, it is not in dispute that the Applicant, Dexter Eddie Johnson, is the same person who filed a communication against the Respondent State before the HRC. The Court, therefore, finds that the parties, in this Application and the communication before the HRC, are identical and, therefore, the first condition has been met. 50. With regard to the second and third conditions, the Court notes that in the communication examined by the HRC, the Applicant claimed that a mandatory death penalty for all offences of a particular kind, such as murder, prevents the trial court from considering whether this form of punishment is appropriate and thus the death penalty amounts to a violation of his right to life under Article 6(1) of the ICCPR. The Applicant further claimed that the imposition of the death penalty, with no judicial a lesser sentence, violates the prohibition of inhumane or degrading treatment or punishment under Article 7 of the ICCPR and that the discretion to impose imposition of this sentence violated his right to a fair trial since part of this right is the right to review his sentence by a superior court contrary to Article 14(1) and (5) of the ICCPR. Lastly, the Applicant averred that the Respondent State failed in its obligations under Article 2(3) of the ICCPR to provide an effective remedy to the above-mentioned violations of his rights and he requested the HRC to make a finding to that effect. 51 . ln the present Application, the Court notes that there is a decision on the merits of the communication that was brought before the HRC and neither of the parties deny the existence of such a decision.lz The Court observes that although the Respondent State may have opted not to follow the Views of the HRC this does not mean that the matter has not been considered and consequently seftled within the meaning of Rule 40(7) of the Rules or Article 56(7) of the Charter. What is crucial is that there must be a decision by a body or institution that is legally mandated to consider the dispute at international level. t2 Dexter Eddie Johnson v Ghana (HRC) 15