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AC H PR
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Human and Peoples' Rights
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~A· , Af.rican Comm1ss1on
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Human Rights our
Collective Responsibility
and that the alleged violation occurred after the Respondent State ratified the
African Charter (competence ratione temporis) .25
52 .Additionally, the Commission notes that the communication seeks the protection
of human rights and is, in turn , compatible with Article 3(h) of the Constitutive Act
of the African Union. Therefore, nothing in the Complainant's submissions reveals
any incompatibility with the African Union Constitutive Act or the African Charter. 26
In view of the foregoing , the Complainant has satisfied Article 56(2) of the African
Charter.
Article 56(3)
53. Regarding the language used, Article 56(3) of the African Charter provides that
communications shall not contain disparaging or insulting language directed to the
Respondent State, its institutions or the African Union. In Zimbabwe Lawyers for
Human Rights & Associated Newspapers of Zimbabwe v Republic of
Zimbabwe, the Commission held that "in determining whether a certain remark is
disparaging or insulting and whether it has dampened the integrity of the judiciary,
the Commission has to satisfy itself whether the said remark or language is aimed
at unlawfully and intentionally violating the dignity, reputation or integrity of a
judicial officer 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 on the administration of justice ." 27 The Commission has satisfied
itself that in the present case , the Complainant did not use any language
undermining the integrity and status of the institution being complained against and
bringing it into disrepute. 28 Consequently, this condition of admissibility is fulfilled.
25 Communication 266/03: Kevin Mgwanga Gunme et al/ Cameroon, 27 May 2009, par
26 Gozbert Henerico v. Federal Republic of Tanzania, ACtHPR, Case No. 056/ 2016, Jud
2022 (Merit and Remedies), para 65.
27 Communication 284/03: Zimbabwe Lawyers for Human Rights & Associated Newspa
v Republic of Zimbabwe, 3 April 2009, para 91.
28 As above.
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