Human Rights our
Collective Responsibility
disrepute. " In Communication 293/04 - Zimbabwe Lawyers for Human Rights and
the Institute for Human Rights and Development in Africa v Zimbabwe, the
Commission said "In determining whether a certain remark is disparaging or insulting
and whether it has dampened the integrity ofthe judician;, or any other State institution,
the Commission has to satisfy itself whether the said remark or language is aimed at
unlawfully and intentionally violating the dignihJ, 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 on [sic]
the institution. The language must be aimed at undermining the integrity and status of the
institution and bring it into disrepute. "Also in Communication 435/12 - Eyob B.
Asemie v The Kingdom of Lesotho, it further stated that " [the Commission] must
make sure that the ordinan; meaning of the words used are not in themselves disparaging.
The language used by the Complainant must unequivocally demonstrate the intention of
the Complainant to bring the State and its institution into disrepute . "
69. From all the above, it can be adduced that Article 56 (3) requires firstly, that the
Communication submitted to the Commission must be written in a non
disparaging or non-insulting language. This means it should not be written in a
language that is belittling, abusive, scornful, disrespectful or offensive to the
modesty of the institution or person. Secondly, the language used must not be
intended to undermine the integrity and status of the State or its institutions or the
OAU or bring them into disrepute.
70. In this Communication, no disparaging or insulting language has been used by the
Complainant eithe� in the original written complaint submitted to the Commission
or in its submission on Admissibility. It is only in the supporting documentary
evidence attached to the original complaint that some of the language is found to
be offensive. These are part of documentary evidence that was used in the
prosecution of the case at the domestic level, and it is not expected that the
Complainant would have to change the contents of these supporting documents
for purposes of complying with Article 56(3) of the Charter. In addition, the
Respondent State has not raised any issue regarding the language used by the
Complainant in their submissions on Admissibility. There£ re, Article 56(3) of the
Charter has been satisfied by the Complainant.
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