CCPR/C/86/D/1159/2003
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as a national hero, a number of political parties which are still represented in the National
Assembly bear his name, and a heroes’ monument is under construction in Ouagadougou, partly
celebrating Thomas Sankara. In addition, according to the State party, the protection of dignity
under the Covenant guarantees only the rights of living persons, and not the dead. Consequently,
the allegation that Thomas Sankara’s right to dignity has been violated is manifestly unfounded.
9.4
Concerning the alleged admissions of legal significance made by the State party in
connection with Thomas Sankara’s status as a victim, the State party notes the flimsiness of
these observations and considers that the Committee should reaffirm its initial position regarding
the inadmissibility of this part of the complaint.
9.5
In the view of the State party, the authors’ observations demonstrate that the
requirements for admissibility before the Committee have not all been met in this case, in
relation to the Committee’s partial decision on admissibility. The State party requests the
Committee to reconsider its admissibility decision. Not only have not all remedies been
exhausted in relation to all their allegations, but in addition the allegations reflect an abuse of
rights and abuse of process and are manifestly incompatible with the provisions of the Covenant.
9.6
The State party reaffirms that it has demonstrated the effectiveness of non-contentious
remedies in the specific case of Burkina Faso, in the prevailing political and social context. The
authors have not denied that these remedies are effective, and do not explain their steadfast
refusal to make use of non-contentious remedies. The State party also reiterates that the authors
have failed to use certain contentious remedies. It refers to its observations on admissibility, and
in particular to article 123 of the Personal and Family Code, under which they could secure
correction of the death certificate. Lastly, the State party maintains that Ms. Sankara, through
negligence or ignorance, committed procedural errors which prevented consideration of the
substance of her complaint, and it refers to its observations on admissibility.
9.7
In relation to abuse of process, the State party maintains that the complaints raised by the
authors are more political than legal in nature, and are in fact directed at the country’s President.
9.8
The State party puts forward the following arguments as to the merits. Regarding the
alleged violation of article 2, the State party considers that these violations cannot have occurred
in the present case, but if the Committee were to acknowledge such an obligation, the State party
is prepared to present relevant arguments. Concerning the alleged violation of article 7, the State
party holds that any accusation of cruel, inhuman and degrading treatment cannot be validly
upheld in fact or in law, owing to the efforts made by the State party, which met with a
categorical refusal on the part of Ms. Sankara. The State party refers to the efforts it has made to
achieve reconciliation vis-à-vis Thomas Sankara, and in particular the fact that the location of his
grave is public knowledge. The Sankara family cannot claim intimidation of any kind, insofar as
its members no longer live in Burkina Faso. The State party considers that the authors have not
demonstrated any act attributable to the State party which has caused either physical suffering or
mental suffering such as to substantiate a violation of article 7.
9.9
Concerning the alleged violation of article 9, paragraph 1, the State party indicates
that the authors have put forward the same arguments as for article 7, and that they have failed