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65.
African Commission on
Human and Peoples' Rights
Human
Rights our
Collective Responsibility
The final requirement for admissibility is that "Communications relating to
human and Peoples' Rights ... shall be considered if they do not deal with cases
which have been settled by the States involved in accordance with the principles
of the Charter of the United Nations, or the Charter of the Organisation of
African Unity or the provisions of the present Charter." In Sudan Human Rights
Commission and Another v Sudan, the Commission held that a matter shall be
considered settled if an international adjudicatory body with a human rights
mandate or jurisdiction has made a decision on it and rendered the complaints
res judicata. 27
..
66.
In the present matter, the Complainant submitted that the matter has not been
settled by any other international dispute settlement mechanism and there is no
evidence indicating that the matter has been settled by any other international
adjudicatory body. Therefore, the Commission finds that the Communication
has complied with Article 56(7) of the African Charter.
Decision of the African Commission OJl Admissibiltry
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67.
In view of the analysis above, the African Commission on Human and Peoples'
Rights decides that:
1.
11.
The Complainant has not complied with admissibility requirements of
Article 56(5) and 56(6) of the African Charter.
The Communication is inadmissible.
Adopted at the 81s~;Ordinary Session of the Commission held in Banjul, The
Gambia,
17 October to 06 November 2024.
27
Communication
279/03-296/05
27 May 2009, para 103.