Constitutive Act. Furthermore, the Commission concludes that no aspect of the
Communication can be considered contradictory to the objectives or principles of
the Act.
35.
In relation to the criterion of compatibility with the African Charter, the Commission
has determined that a Communication submitted to the Commission will be
considered if certain conditions are met.2 These conditions include the State being a
party to the African Charter, the alleged violations of rights falling within the scope
of rights protected by the African Charter, and the alleged violations occurring
within the territory or jurisdiction of the concerned State after the Charter's entry
into force for that specific State.
36.
In the present case, the Communication is submitted against the Federal Republic of
Somalia, a State Party to the African Charter. The alleged violations occurred within
the territory of the Federal Republic of Somalia, and after its ratification of the
African Charter, as the alleged violations are indicated to have occurred from 2017,
while the State ratified the Charter on 31 July 1985. The Communication alleges the
violation of rights guaranteed in Articles 2, 3, 4, 14, 19, and 21 of the African Charter.
In view of the above, the Commission considers that the admissibility requirement
of Article 56(2) of the African Charter is satisfied.
Article 56(3)
37.
Article 56(3) of the African Charter stipulates that Communications must not be
written in disparaging or insulting language directed against the State concerned,
its institutions, or the Organization of African Unity to be considered. As noted by
the Commission in the case between Zimbabwe Lawyersfor Human Rights <9 Associated
Newspapers of Zi1nbabwe vs. the Republic of limbabwe, in determining whether a certain
remark is disparaging or insulting, the Commission must ascertain the intent behind
the remark and whether it is aimed at unlawfully and intentionally violating the
dignity, reputation, or integrity of a judicial officer or body. Moreover, the
Commission must evaluate whether the language is used in a manner calculated to
pollute the minds of the public or any reasonable person and cast aspersions on and
weaken public confidence in the administration of justice.
38.
After carefully reviewing the Complainant's submissions, the Commission has
found no language that could be deemed excessively offensive or insulting
as
the Respondent State, its institutions, or the African Union. Based on _ i
the Commission concludes that the requirements of Article 56(3) hav
en'S
Article 56(4)
I
AU-UA
2
Communication 266/03, Kevin Mgwanga Gunman et al V. Cameroon (ACHPR) para 70.
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