000{8t the exhaustion of local remedies.s The Court, therefore, finds that the Application meets the admissibility requirements under Article 56(1) to 56(6) of the Charter, which are reflected in Rule 40(1) to 40(6). 46. The Court, however, notes that in terms of Article 56(7) of the Charter, which is reiterated by Rule 40(7) of the Rules, Applications shall be considered if they "do not deal with cases which have been settled .. . in accordance with the principles of the Gharter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter". 47. The Court further notes that examining compliance with this provision requires it to make sure that this Application has not been "settled'and that it has not been settled "in accordance with the principles" of the Charter of the United Nation or the Constitutive Act of the African Union or the provisions of the Charter.e 48. The Court also notes that the notion of "settlement" implies the convergence of three major conditions: (i) the identity of the parties; (ii) identity of the applications or their supplementary or alternative nature or whether the case flows from a request made in the initial case; and (iii) the existence of a first decision on the merits.lo This position has also been confirmed by the African Commission which has held that for a matter to fallwithin the scope of Article 56(7) of the Charter, it should have involved the same parties, the same issues and must have been settled by an international or regional mechanism.ll 8 Norbed Zongo v Burkina Faso, (Preliminary Ruling) 9121: Alex Thomas v Tanzania, $ 73-74 and Application No. 006/2015. Judgment of 2310312018 (Merits), Nguza Viking and Another v United Republic of Tanzania 5 61. eApplication No. 038/20'16. Judgment ot 2210312018 (Merits), Jean-Claude Roger Gombed v Cote d lvoire (hereinafter refened to as "Jean-Claude Gombert v Cote d lvoire"), $ 44. 10 See, ACHPR Communication 409112, Luke Munyandu Tembani and Benjamin John Freeth (represented by Norman Tjombe) v. Angola and thirteen Ot ers S 112 EACJ Reference No 1/2007 James Katabazi et al v. Secretary General of the East Afican Community and Another (2007) AHRLR 119 S 30-32; IACHR Application 7920, Judgment of 29 July 1988, Velasguez-Rodiguez v. Honduras CIADH S.2a(a); Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia-Herzegovina v. Serbia-and- Montenegro) Judgment of 26 February 2007,lCJ., Collection 2007, p.43 11 ACHPR Communication 266103, Kevin Mgwanga Gunme and others v Cameroon, $86. 14 <h..*{