-'soosi$ 7. TheCourt'sinterpretation of nonbisinidem intheDexfercaseisliteral anddoes not reflect the current position of the principle. I will consider its inappropriate meaning (A), and then discuss the known exceptions which he could be entitled to (B). A. Literal and inappropriate interpretation of "non bis in idem" 8. The Court's reasoning is afticulated around the application of Article 56. The Court reiterates: "the fact that the rationale behind the rule in Article 56(7) of the Charter is to prevent member States from being faulted twice in respect of the same alleged violations of human rights."3 The African Commission has held on the same rule that "this is the non bis in idem rule (also known as the principle of prohibition of double jeopardy for the same act, deriving from criminal law) which ensures in this context that no State may be twice prosecuted or convicted for the same alleged violation of human rights." "ln fact, this principle is tied up with the recognition of the fundamental res iudicafa status of judgments issued by international and regional tribunals." to mean, based on its criminal and roman origins, that "no one shall be prosecuted or punished criminally (for a second 9. The Court eonsiders this principle time) for the same elements of law and fact. The Court further considers that res judicata effectively removes any new lawsuit against the same person for the same elements.a According to Article 56 (7), applications shall be considered if they "do not deal with cases which have been settled by those States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity [...]" Such are the words of Article 56 (7) that impacted the Court's deliberation. Since the Respondent State had already been tried in this case, it will no longer be tried a second time by this Court. Dexter Edddie Johnson v. Ghana,30 March 2019, S 59. Article 14, paragraph 7 of the lnternational Covenant on Civil and Political Rights; Article 4 of the European Convention on Human Rights, $ 1 of Additional Protocol No. 7: "No one shall be liable to be kied or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State". 'AfCHPR, o 3

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