.159. In their application, the Applicants assert that by failing to undertake an effective
investigation to prosecute and sentence those responsible for the assassination of
Norbert Zongo, “Burkina Faso had violated the right ... to equal protection of the law as
provided for in paragraph 2, article 3 of the Charter’.
160. In their response on the merits, the Applicants stated in this regard as follows:
“Because trial has always been a catalyst for and an expression of justice, the right to fair
trial has always been considered as a
right ‘crucial to the protection of all other basic
rights and freedoms’...because it allows for effective and equal access to justice.
In the
instant case, neither one nor the other was possible...” (Italics added).
161. Referring to a provision of article 14 of the ICCPR [“All persons shall be equal before
the courts and tribunals’], the Applicants maintained that “Burkinabé tribunals did not, in
managing
the
Norbert
Zongo
case,
as
in many
other cases
with
serious
political
overtones, demonstrate the same diligence as they do in criminal matters’.
162. The Applicants complain in particular that Burkinabé justice did not act expeditiously
in its treatment of the case of Zongo and others, whereas it did act and dispose of another
contemporary matter - the case of David Ouédraogo - with exemplary swiftness.
After establishing a link on this issue, between the Zongo case and another case where
the procedure was equally slow - the case of Thomas Sankara-, the Applicants came to
the conclusion that “such practices by Burkinabé courts therefore constituted a violation
of the right to equality inherent in article 7 of the African Charter ...and article 14 (1) of
the ICCPR’.
163. At the Public Hearing of 28 November 2013, the Applicants restated that position.
164. At the Public Hearing of 28 November 2013, the Respondent State argued that the
Zongo case was more complex and could not be compared to that of David Ouédraogo
because
in the latter case,
those
responsible for the assassination
were
known
and
preliminary investigations were not required to identify them.
The Respondent insisted on this point by declaring that:
“...what the Court should note
is that these are cases that should not be compared. David Ouédraogo was detained and
45
a
ow
Bi
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات