63. In a comparable case Rehak e/Czech Republic" handled by the European Court, the
applicant - a former anti-communist activist had, inter alia, accused the Czech membership
of the Registry of having successfully
disguised" the applications of democratically
orientated citizens with a view to depriving them of human rights "once and for all", and of
"having accomplices" in the form of Romanian, Bulgarian or other left-leaning - and
therefore partial - judges and administrators in the Court. He had, in his submission,
expressed himself as follows:
II
"the genocide of fundamental human rights in the Czech Republic is,s~ vast that it extends to the
Czech Registry of the European Court" "... not even criminal communist tribunals sent their
decisions without reasoning .... What you have done is tantamount to approval of theft and,
therefore, amounts to a crime from the position of a sort of' terrestrial God' [...]
" ... Today, when I know that your glorious Court is full ofSTB and KGB [The secret services of
former Czechoslovakia and the Soviet Union] agents, [...J Your Court, with the great help of and
thanks to the Czech Registry ... liquidates fundamental human rights! ... [...] In doing so, your
glorious Court consecrated crimes of the communist regime and communist tribunals. Thank you!
...
"[ SIC., J
"d
64. The Court found the sarcastic expressions offensive and insulting. It also found that the
applicant's numerous accusations in his submissions had "evidenced his determination to
harm and tarnish the reputation of the very institution of European Court of Human Rights, its
members and staff"
65. The Commission notes that in light of the circumstances of complainants and the nature of
allegations put forward, the use of strong language or expression of emotions would not be
misplaced, and as such, would not ipso facto render a Communication contrary to Article 56
(3) of the African Charter. In Eyob B. Asemie v the Kingdom of Lesothot", the
Commission held that:
"It is also important to note that a Communication alleging human rights violations by its very
nature should be expected to contain allegations that reflect negatively on the State and its
institutions ".
66. In Constitutional. Rights Project, Civil Liberties Organisation and Media Rights Agenda v.
Nigeria-v, the Commission held that freedom of expression is "a basic human right, vital to an
indtoidual's personal development and political consciousness, and to his participation in the
conduct of public affairs in his country".
67. In Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and
Development in Africa v Zimbabwe",
The Commission held that Article 56 (3) of the
18 may 2004 Rehak v Czech Republic, no 67208/01
435/12 - Eyob B, Asemie v the Kingdom of Lesotho (2015) ACHPR, para 58.
20 Communications
140/94, 141/94, 145/94 - Constitutional Rights Project, Civil Liberties Organis
Rights Agenda v Nigeria, para 36.
21 Communication 293/04 - Zimbabwe Lawyers for Human Rights and the Institute for
~
18 ECHR (dec)
19 Communication
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