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No. 10 DAR ES SALAAM CRESCENT, COMMUNITY COURT OF JUSTICE, ECOWAS OFF AMINU KANO CRESCENT, COUR DE JUSTICE DE LA COMMUNAUTE, WUSE II, ABUJA-NIGERIA. CEDEAO PMB 567 GARKI, ABUJA TEL/FAX:234-9-6708210/09-5 TRIBUNAL DE JUSTIÇA DA COMMUNIDADE, Website: http.www.eccj.net CEDEAO COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) Holden at Abuja, Nigeria On the 1st day of April 2016 Suit No. ECW/CCJ/APP/03/16 Judgment No. ECW/CCJ/JUD/19/16 BETWEEN Djibril Yipéné Bassolé APPLICANT AND Burkina Faso DEFENDANT BEFORE THEIR LORDSHIPS 1. Hon. Justice Yaya Boiro 2. Hon. Justice Hamèye F. Mahalmadane 3. Hon. Justice Alioune Sall Presiding Member Member Assisted By: Maître Aboubacar Djibo Diakité Registrar 1

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Summary of Facts and Procedure2
Arguments on Pleas in law of the Parties5
Analysis of the Court7
As toFormality7
As to Merits8
Regarding Restrictions Imposed on the Applicant’s Choice of Lawyers8
Regarding Tapped Telephone Conversations and the PurposeThey may Have Served13
As to the Applicant’s Requests for Relief16
As to Costs17
For These Reasons17
As to Formal Presentation17
As to Merits17

ECW/CCJ/JUG/19/16 Djibril Yipéné Bassolé v Burkina Faso

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/03/16

ECCJ Jud No.: ECW/CCJ/JUG/19/16

Type of Document

Judgement

Keywords

Competence of the Court
Insurrection
Military Tribunals
Murder/Assassination
Right to Fair Trial
Right to Property
State Internal Security
Transitional Justice

Country

Burkina Faso

Outcome: Decided on Merits

Year Decided: Apr 1, 2016

Duration of Procedure: ~ Apr 1, 2016

Country Geolocation

Latitude: 12.238333

Longitude: -1.561593

Country Geolocation (linked ECOWAS Court): Burkina Faso

Primary Documents

ECW_CCJ_JUD_19_16Djibril Yipéné Bassolé v Burkina Faso.pdf
english
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ECW_CCJ_JUD_19_16 Djibril Yipéné Bassolé v Burkina Faso - PT.pdf
portuguese
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Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Article 10:The provisions of any other prior Protocol that is inconsistent with the provisions of this Protocol shall to the extent of the inconsistency be null and void.

Treaty

ECW/CCJ/JUD/01/11- El Hadj Tidjani Aboubacar v Central Bank of West African States & Niger

ECOWAS Court

48/90-50/91-52/91-89/93 - Amnesty International, Comité Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v Sudan

ACHPR Decision

International Covenant on Civil and Political Rights ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

UN Document

General Comment No. 32, Right to equality before the courts and tribunals and to a fair trial, 90th Session (2007) of the United Nations Human Rights Committee,

22. The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized, civilian or military. The Committee notes the existence, in many countries, of military or special courts which try civilians. While the Covenant does not prohibit the trial of civilians in military or special courts, it requires that such trials are in full conformity with the requirements of article 14 and that its guarantees cannot be limited or modified because of the military or special character of the court concerned. The Committee also notes that the trial of civilians in military or special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned. Therefore, it is important to take all necessary measures to ensure that such trials take place under conditions which genuinely afford the full guarantees stipulated in article 14. Trials of civilians by military or special courts should be exceptional,36 i.e. limited to cases where the State party can show that resorting to such trials is necessary and justified by objective and serious reasons, and where 30 Concluding observations, Slovakia, CCPR/C/79/Add.79 (1997), para. 18. 31 Communication No. 468/1991, Oló Bahamonde v. Equatorial Guinea, para. 9.4. 32 Communication No. 814/1998, Pastukhov v. Belarus, para. 7.3. 33 Communication No. 933/2000, Mundyo Busyo et al v. Democratic Republic of Congo, para. 5.2. 34 Communication No. 387/1989, Karttunen v. Finland, para. 7.2. 35 Idem. 36 Also see Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, art. 64 and general comment No. 31 (2004) on the Nature of the General Legal Obligation Imposed on States Parties to the Covenant, para. 11. CCPR/C/GC/32 Page 7 with regard to the specific class of individuals and offences at issue the regular civilian courts are unable to undertake the trials.3

UN Document

Universal Declaration of Human Rights (UDHR)

Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

UN Document

ECW/CCJ/JUD/06/08 Hadijatou Mani Koraou v. Niger

ECOWAS Court

ECW/CCJ/JUG/08/11 Cheikh Abdoulaye Mbengue v. Mali

ECOWAS Court

ECW/CCJ/JUG/08/11 Cheikh Abdoulaye Mbengue v. Mali

38-LaCour observeque lesdemandes de réouverturede la procédured'instruction etd'annulation du mandat d'arrêtressortent du domaine judiciaire national de l'Etat MembreduMali; qu'àceproposellerappellesajurisprudenceconstanteexcluant sa compétencepourtoutrecourscontrelesdécisionsdesjuridictionsnationales,pour lesquelles ellen'estpasuneinstanced'appelniuneinstancedecassation(Anet n°ECW/CCJ/APP/05/06du22mars2007);conséquemmentlaCouroptepourlerejetde toutescesdemandescommeétantinappropriéesetinjustifiées.

ECOWAS Court

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

Treaties and softlaw only7
- UN Document4
- Treaty2
- Rules of Procedure1
International cases/decisions5
- ECOWAS Court4
- ACHPR Decision1
Location1
- Countries (Geolocation) 1

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