In terms of merits that it be considered well-founded and consequently be evidenced
the violation of the rights of the applicant and be declared irregular the proceedings
against him and be ordered that he be reinvested into his rights.
4. ARGUMENTS PLEADED BY THE DEFENDANT IN ITS DEFENSE:
1. Following the failure of the military coup d'état in Burkina Faso on 16th September
2015, judicial information was opened against all persons who participated as author,
co-author or accomplice of the coup;
2. Accordingly, there were apparent elements from the investigation of this process likely
to determinate the criminal liability of the applicant, Mr SAWADOGO Salifou, then a
Parliament Member in the National Assembly;
3. In view of the gravity of the facts, the Military Court wanted the applicant's criminal
liability to be invoked, as those of other persons persecuted for the same facts;
4. It then appealed, through the Minister of Justice, to His Excellency, President of the
National Assembly, for permission to bring an action against the applicant and to waive
his parliamentary immunity;
6. Upon receipt of the request, was set up an ad hoc commission composed of fifteen
(15) members appointed on a proportional representation of parliamentary groups;
7. The discussion at the meeting dealt with the ad hoc committee's conclusions
formulated in a motion for a resolution which is limited only to the facts mentioned in
the request and transmitted to the President of the National Assembly by the Minister
of Justice;
8. On December 6th, 2016, the Members considered the request for the waiver of the
parliamentary immunity of the Parliament Member Salifou SAWADOGO;
10. And at the end of a vote by secret ballot, the Members authorized, by 86 in favor and
33 against, 00 abstention, 4 invalid votes, the waiver of parliamentary immunity of the
concerned Parliament Member;
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