00409U procedurally, the Applicant was entitled to a fair trial, equitable and respectful of his rights. It submits for this reason that the Application must be declared inadmissible. 70. For his part, the Applicant affirms that the terms used in the Application are a reflection of the serious attacks he suffered; that the remarks termed as disparaging are well measured and in no way affect the dignity, reputation or integrity of the Head of State. *** 71.The Court notes that, generally, disparaging or insulting language is that which is meant to soil the dignity, reputation or integrity of a person". 72./n determining whether a remark is disparaging or insulting, the Court has to "satisfy itself as to whether the said remark or language is aimed at unlawfully and intentionally violating the dignity, reputation or integrity of a judicial official or body and whether it is used in a manner calculated to pollute the minds of the public or any reasonable man to cast aspersions on and weaken public confidence in the administration of justice. The language must be aimed at undermining the integrity and status of the institution and bringing it into disrepute". 73. The Court further finds that public figures including those who hold the highest government positions are legitimately exposed to criticism such that for remarks to be regarded as being disparaging to them, the remarks must be of extreme gravity and manifestly affect their reputation .' Application No. 004/2013 . judgment of 5/12/2014, Merits, LoM Issa «onete v. Burkina Faso, (hereinafter referred to as LoM Issa Konete v. Burkina Faso Judgment, Merits) § 71; ACHPR , Communication No. 268/03- RADH v. Nigeria (2005) §§ 38-40; Communication No. 284/03 Zimbabwe Lawyers for Human Rights and Associated Newspapers of Zimbabwe v. Zimbabwe (2005) §§ 51-53 6 LoM Issa Konete v. Burkina Faso, Judgment, Merits, op. cit. § 70. 7 See also Human Rights Committee: Communication No. 1128/2002 : Rafael Marques de Morais v. Angola , Views of 14/3/2005 § 6.8 5 I ;\.,l 'r: ~ / Y fK /2r7 L:?'/ 2!-€ ~ c.>

اختر الفقرة المستهدفة3