proscription of disparaging and insulting language is fundamental to diplomatic, courteous, and respectful exchanges between parties appearing before it and the need to uphold the integrity of State institutions, which are indispensable for protecting human rights. However, a fine balance must be drawn between this proscription and the need to facilitate free expression. Whereas, as in the present case, the Complainant uses language which conveys his perception of facts and presents evidence to justify that perception, the Commission cannot hold that such language is disparaging or insulting merely because inferences can be drawn from the language which reflects negatively on the state and its institutions."31 81. The same can be said of the phrases pointed out e e dent State. Those phrases are related more to the facts of the matter beca hey ar rt of the version of the Complaints placed before the Commi~~~~1},and ' 'iZMi~,Res ent will also have an opportunity to disput: and r~spon~, tP;J~~'e' !;~rsion or'lt~,: .,,' "it~~;,.~tthe right time. The phrases are not disparaging or insulting Just because I;tt{~rencescan be drawn from them, which reflect negatively on the State and its institutiohS. ' . 83. The fourth issue for.deter ;1. r the munication is based exclusively on news dissemU;~t~ahthro .as co~t~nded by the Respondent State. The Respondent State submittec at apart from. the facts supported by the judicial documents, against which we ass"etted the reasons,{or inadmissibility in paragraph 3 above, the other allegations are exclusively based on news disseminated through the ;,_;c <7):& '" ~~i /I 84. hel(j_::,that"while it ..w;ould be dangerous to rely exclusively on news :e<:t~lJ;r:.'Q,W the mass media, it would be equally damaging if the Commission l,'+J.;ILJ.,-",tion because some aspects are based on news disseminated through This is borne out of the fact that the African Charter uses the word ex . ion noted that although reference has been made to media reports representing the Complainants in their submissions, the Compliantsswere also accompanied by the judgment that was delivered against the firstVictim , whi';" rompted the Organizations and the lawyers who represented the first Victimin th domestic judicial proceedings to submit a Complaint to the Commission. The Communication is not based solely on media reports; therefore, it complies with Article 56 (4). II i 85. 31 32 ibid Sir Duiada K [auiara v, The Gambia, Communications 147/95-149/96, para. 24.

Select target paragraph3