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
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