-2071. The Commission concludes its consideration of the matter as follows:
" ... The Respondent State has not established that by stating that one of
the judges of the Supreme Court "was omitted", the complainants have
brought the judiciary into disrepute. The State has not shown the
detrimental effect of this statement on the judiciary in particular and the
administration of justice as a whole [ ... ], no evidence to show that it was
used in bad faith or calculated to poison the mind of the public against the
judiciary". 4
72.
In the present case, the Court is of the opinion that the Respondent State has not
shown in what manner the name "People's Democratic Republic", as used by the
Applicant, undermines the dignity, reputation or integrity of Burkina Faso. It has also
failed to prove that such designation is used for the purpose of poisoning the minds of
the public or of any reasonable person or that it is intended to subvert the integrity and
status of Burkina Faso or to bring it to disrepute. Furthermore, it has not shown that
such designation is used in bad faith by the Applicant.
73.
The Court therefore holds from the above that the term "People's Democratic
Republic" is not disparaging or insulting towards the Respondent State. The
Application therefore complies with the requirements of Article 56 (3) of the Charter
and Rule 40 (3) of the Rules and will not be declared inadmissible based on the above
provisions.
3). Objection to the admissibility of the Application drawn from failure to
exhaust local remedies
74.
Rule 40(5) provides that: [the Application] "be filed after exhausting local
remedies, if any, unless it is obvious that this procedure is unduly prolonged".
4
Id., paragraphe 96.