000{tb
implemented then the matter has not been settled in line with Article 56(7) of the
Charter.
55.
The Court wishes to reiterate the fact that the rationale behind the rule in Article
56(7) of the Charter is to prevent States from being asked to account more than
once in respect of the same alleged violations of human rights. ln the words of the
African Commission:
"This is called the non bis in idem rule (also known as the Principle or
Prohibition of Double Jeopardy, deriving from criminal law) and ensures
that, in this context, no state may be sued or condemned [more than once]
for the same alleged violation of human rights. ln effect, this principle is
tied up with the recognition of the fundamental res judicata status of
judgments issued by international and regionaltribunals and/or institutions
such as the African Commission. (Res judicata is the principle that a final
judgment of a competent courU tribunal is conclusive upon the parties in
any subsequent litigation involving the same cause of action.)"16
56. ln conclusion, the Court finds that the present
Application does not fulfil the
admissibility requirement under Article 56(7) of the Charter, which is also reflected
in Rule 4O(7) ol the Rules.
57.
The Court recalls that the conditions of admissibility under Article 56 of the Charter
are cumulative and as such, when one of them is not met, then the entire Application
cannot be considered.lT ln the instant case, since the Application does not meet the
requirement set forth in Article 56(7) of the Charter the Court, therefore, finds the
Application inadmissible.
t6 ACHPR Communication 260102 Bakwei Land Claims v Cameroon, g
52.
17See, ACHPR, Communication 277120Q3, Spilg and others v. Botswana,
S 96 and ACHPR,
Communication 334106 Egyptian lnitiative for Personal Rights and lnterights v Egypt, $ 80.
-?
17