13. That from the beginning of the investigation until the prosecution hearing, no
request for a persecution permit was sent by the investigating judge or another Burkina
Faso authority to the ECOWAS Parliament;
14. That the judge was aware that he was not dealing with a case of flagrant crime, as
he requested the waiver of his immunity from the Burkinabe National Assembly;
15. And that it could not have been otherwise, because the facts for which he was
prosecuted in December 2016 occurred on 16th September 2015 and following days,
according to the procedural act;
16. The State of Burkina Faso attempted to rectify the situation by submitting a request
for waiver of his immunity to the ECOWAS Parliament in accordance with letter No.
2017/034/AN/PRES/SG dated 5th May 2017; (Annex 10)
17. That there was no waiver of the applicant's immunity as an ECOWAS parliamentary
until the referral judgment was addressed;
18. That he continues to be a Community Parliament Member, as is clear from the
invitations to do activities of the ECOWAS Parliament and the authorizations to leave
the territory granted by the military justice authorities; (Annex 11)
19. That the applicant enjoys immunity as an ECOWAS parliamentarian throughout the
Community, including in Burkina Faso;
20. That the waiver of his parliamentary immunity by the Burkina Faso National
Assembly, as long as that of the ECOWAS Parliament exists, is ineffective;
21. That at the end of the investigation procedure and before the Investigative Control
Chamber, the applicant raised the nullity of the proceedings brought against him for
breach of Articles 86 of the Rules of Procedure of the Burkina Faso National Assembly,
on the one hand, and on the other hand, 20 and 21 of Supplementary Protocol
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