r�:· �)· ACH PR \ t· • m:urn African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility in line with Rule 101 of the Commission's Rules of Procedure which the Commission observes rigorously in practice at all times. The Rule provides that "a member of the Commission shall not be present and take part in the consideration of a Communication if he or she: (a) is a national of the State Party concerned; (b) has a personal interest in the case; . . . (d) has participated in any capacity in any decision at the national level in relation to the Communication." 66. Regarding admissibility of the Communication, it is trite that the conditions under Article 56 of the Charter are cumulative and must all be satisfied for a Communication to be declared admissible. Consequently if one of the conditions is not met, the Communication will be declared inadmissible entirely or in the respects that it does not satisfy a given condition or condition(s). 2 In this regard, the Commission examines the admissibility of a Communication in respect of each condition based on the available information. 67. In the present Communication the Commission notes that the Complainant has clearly identified himself as the author acting in person which is in compliance with Article 56(1) of the Charter. Secondly, the Complaint relates to and raises prima facie violations of the rights. under, and against a State Party to, the Charter. The violations occurred within the jurisdiction of, and after the Charter had entered into force quoad the Respondent State. Article 56(2) of the Charter is accordingly satisfied in these respects. 68. With respect to Article 56(3) of the Charter, it provides that "Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they. . . are not w · ritten in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity. " The Commission has in its jurisprudence clearly settled what constitutes "disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African UnihJ, "In Communication 268/03 Ilesanmi v Nigeria, the Cormnission defined disparaging or insulting language to mean "to speak slightingly of .. or to belittle and insulting means to abuse scornfully or to offend the self-respect or modeshJ of .. ". The Commission also stated that "The language must be aimed at undermining the integrihJ and status of the institution and bring it into 2 Communication 304/05 - FJOH and others v Senegal (2006) ACI-IPR para 38; Communication 3 Economic Rights and Accountability Project (SERAP) v Nigeria (2010) ACHPR para 43; and Communica Zimbabwe Law11ers for Human Rights & Associated Newspapers ofZimbabwe v Zimbabwe (2009) ACHPR Communication 299/05 - Anuak [ustice Council v Ethiopiq (2006) ACI- IPR para. 44. Page 14 of 45 African Commission on Human and Peo ,Afnca1, 31 Bijilo Annex Layout, Kombo N Union ✓ West Coast Reg Phone: (220) 230 4361 Fax: (22 Email: au-banjul@ africa-u https:/achpr.au.:ntJO O l!ll hlA11, 4 ,. ";, O c � \· ?