(t·~) ACHPR
•
o:nuy_{
: • African Commission on
.,
Human and Peoples' Rights
Human Rights our
Collective Responsibility
Article 56 (3) of the Charter
51. Article 56(3) of the Charter states that "Communications ... received by the
Commission shall be considered if they are not written in disparaging or insulting
language directed against the State concerned and its institutions or to the
Organization of African Unity (AU)". 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. "23
52 . Having analyzed the submissions of the Complainants, the Commission has not come
across any language that appears to be aimed at unduly impairing the esteem of either
the Respondent State or the African Union. In light of the foregoing the Commission
finds that Article 56(3) of the Charter has been complied with .
Article 56 (4) of the Charter
53.Article 56(4) of the Charter states that "Communications relating to human and
Peoples' Rights .. . shall be considered if they are not based exclusively on news
disseminated through the mass media". In shedding more light to this provision, the
Commission averred that "the issue therefore should not be whether the information
was gotten from the media, but whether the information is correct' and whether the
complainant tried to verify the truth"24 This interpretation from Jawara was adopted
with approval in Ahmed Ismael and 528 Others v. the Arab Republic of Egypt. 25 In
the present Communication , the Complainants have presented evidence in the form
of court documents. The Commission is of the opinion that the Complainants have not
relied exclusively on news disseminated through the mass media and thus this
communication satisfies the provision of Article 56( 4) of the Charter.
Article 56[5] of the Charter
HUMA
54.Article 56(5) of the Charter states that "Communications rel
Peoples' Rights ... shall be considered if they are sent after exhauI
I
; ~
23
I
<{
I
U
()
-
0
Comm unication 284/03, 3 April 2009, para 91.
i \ \
24
Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 25· d ~ o .____ 'k,<-;,<:::i"
25 Com munication 467 /14, 27 May 2016.
'I:_~< ,;,, ~ "l•·R,cA11'll:. Q ,§i"'-" '
Bl Page
0 ,,,,,,,,f
51'~
~ .. -·
•
.'.fc~·ll!>\
African( ,,
Union 'i
The Afric an Commission on Human and Peoples' Rights
31 Bijilo Annex Layout, Kombo North District.
West Coast Region Gambia
Phone : (220) 230 4361 Fa x: (220) 441 05 04
~m:. i l· ~11~h~niiilm)~frir.;:1-11ninn nrn
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières