11. It was following this parliamentary authorization that the investigating judge accused
Mr SAWADOGO and that he was incarcerated at the Army Detention and Correctional
Center from December 15, 2016;
12. The admissibility of the request for the purpose of waiving parliamentary immunity
is the responsibility of the addressee of the document, namely the Burkina Faso National
Assembly;
13. Pursuant to Article 86 of its Rules of Procedure, only the Burkina Faso National
Assembly may consider the admissibility of the application submitted to it;
14. There is no violation of Article 1 of ECOWAS Supplementary Protocol No.
A/SP1/12/01 of 21st December 2001 on Democracy and Good Governance;
15. As to the alleged infringement of Articles 20 of the Additional Act A/SA/1/12/16
relating to the Enhancement of the Powers of the ECOWAS Parliament and 8 of the Rules
of Procedure of the Fourth Legislature of the ECOWAS Parliament of 8 February 2016,
the above provisions should be regarded as conferring full powers on the ECOWAS
Parliament to stay proceedings or detention of a Parliament Member of the Community;
16. In the present case, after sending a new information mission to Burkina Faso, the
ECOWAS Parliament has indeed taken a decision on the circumstances of waiver of
parliamentary immunity and imprisonment of the applicant;
17. Instead of using its powers, that Parliament reminded the Burkina Faso National
Assembly that it had an obligation to submit to it in advance the request for waiver of
the immunity of the concerned Parliament Member;
18. In its report on its first ordinary session of 2017, held in Abuja from 10 to 25 May
2017, the ECOWAS Parliament welcomed the provisional release of the applicant;
19. Until the judgment of the case, Burkina Faso received no decision from the ECOWAS
Parliament ordering the suspension of the proceedings or of the arrest of the applicant;
20. The Chamber of Control found that the investigating judge, acting in the context of
a flagrant crime, was not required to request the waiver of Honorable Salifou
SAWADOGO's parliamentary immunity;
8