Commissioner’s role is of fact finding, to establish the truth of the allegations they are confirmed to facilitate a remedy. and where This role is not unique to her but to all 11 Commissioners who take up roles on special mechanisms and take action against violations of rights protected by those special mechanisms. Exercising this role, in itself, cannot suffice to sustain the alleged bias. 39. The second approach is whether the specific actions and words of the Honourable Commissioner, in this particular instance constitute a lesitinaseti, to doubt whether in yp the end her presence on the Commission would strike) to the re iste guarantees of il impartiality. vn | fill | i vith hy i" Commissioner sat on the panel and jill mice the MN ih. ring ‘ Wh mentioned the parameters guiding the rigl it to freedom the limitations therein as wel provided for under the law. mentioned how she,c fi {ii ey } t Leute oat the requitéient thatsy t several letters to wl i qi ee 40. The Commission’s Oral Verbatim Recording nth the a i f reveals tht ——— I" the Honourable In ie remarks she under the Charter and rn" thereof should be of Eritrea expressing concerns with violations of fr Uhm of expression|including letters in relation to specific cases. She also stated eat she sen WW nl Sf) i nace ut letter, i in hercapacity as Special Rapporteur in October 2011 to the vn in the instititions welcome devélop nent in aay Mr that produced Dawit Isaak’s continued violation. She also the report and stated that the report was a ending freedom of expression. 42. It begs the questién) whether an objective person would find that these particular words created doubt as to the Honourable Commissioner's impartiality in the current case. The Commission has previously found that how a judicial body is perceived and actual manifest proof of its partiality can discredit it. 7 7 Communication 266/03 - Kevin Mgwanga Gunme et al v Cameroon (2009) ACHPR para 210 and 211, ;