subjective because statements that could be disparaging or insulting to one
person may not be seen in the same light by another person.'
59. In Ilesanmi
v Nigeria, the Commission defined disparaging as "to speak
slightingly of. .. or belittle" and insulting as "to abuse scornfully or to offend the selfrespect or modesty of someone or an institution"> Furthermore, in Zimbabwe
Lawyers for Human Rights v Zimbabwe,
the Commission stated that "in
determining whether a certain remark is disparaging or insulting and whether it has
dampened the integrity of the judiciary or any other state institution, the Commission
has to satisfy itself 'whether the remark of language is aimed at unlawfully and
intentionally violating the dignity, reputation or integrihj 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 in the institution.
The language must be aimed at undermining the integrity and status of the institution
and bring in into disrepute:"
60. In terms of specific language used, in Ligue camerounaise
des droits de
l'Homme v. Cameroon, the Commission declared the use of expressions such
as "regime of torturers" and "barbaric government," as insulting language,"
61. Based on the jurisprudence of the Commission, and perusing the submissions
of the Complainant, can one effectively say that the Complainant's submissions
were wilful, with a purpose of insulting, offending or disparaging, with an
intent to jeopardize the integrity or reputation of the Judge ... ?
62. In the present Communication, the Commission considers that the assertions
by the Complainant that the Judge was biased was formulated in a conditional
manner and in context to his experience during the cross-examination process.
Thus, a wilful intention to undermine the integrity of the Judge cannot be
inferred from his submissions. To this end, the Complainant described and
demonstrated the context of the trial and the judge's behaviour which he
believes showed bias and criticizes the Judge's behaviour, without referring to
the judicial system as a whole. In addition, the fact that the Complainant did
not raise the issue of the Judge's bias before the Appeal Court does not prevent
him from invoking the same before the Commission.
63. The Commission opines that the language used by the Complainant cannot be
considered insulting or disparaging within the context of Article 56(3) of the
African Charter, and therefore holds that the Respondent State's allegation that
the Communication be declared inadmissible for non-compliance with Article
56 (3) is untenable.