CCPR/C/86/D/1159/2003
page 19
likewise to supply any specific arguments to back up the allegations. The authors have not been
the victims of arrest or arbitrary detention, nor has their security been disturbed. Accordingly,
the State party calls on the Committee to reject the allegation.
9.10 Concerning article 14, paragraph 1, the State party refers to its observations on the merits,
in relation to the amount of the bond, which cannot alone indicate bias on the part of the judge.
In addition, and citing the Committee’s jurisprudence,31 the State party maintains that the authors
did not raise any irregularity before the judicial division of the Supreme Court. Moreover,
concerning the authors’ arguments based on Griffin v. Spain, the State party notes that they have
not demonstrated the arbitrary and unfair nature of the proceedings in the Supreme Court, that
they have not demonstrated any procedural irregularity, and that the only procedural obstacles
which may be cited in the present case are attributable to the failure to deposit a bond, for which
the authors have only themselves to blame.
9.11 Concerning article 26, the State party refers to its observations, adding that articles 1
and 8 of Burkina Faso’s Constitution protect citizens against all forms of discrimination and
guarantee freedom of expression. Discrimination is forbidden by the new 1996 Criminal Code,
which lays down severe punishment. According to the State party, the authors have not
demonstrated that they have political opinions which gave rise to discriminatory measures on the
part of the authorities. Benefiting from refugee status in a foreign country does not in itself
constitute proof of discrimination based on the political opinions of the beneficiary. According
to the State party, the criteria used by each State in granting refugee status are in practice
sometimes subjective, and the Sankara family members still living in Burkina Faso are not
harassed in any way because of their political views. The State party calls on the Committee to
reject the allegation that article 26 was violated.
Authors’ comments on the State party’s observations
10.
In their comments of 15 January 2006, the authors reaffirm their earlier observations.
Concerning the time bar, they explain that no court has called this matter into question, and that
in relation to article 7 of the Code of Criminal Procedure32 and the applicable case law, there has
never been a time bar.
Request for reconsideration of the admissibility decision
11.
The Committee has taken note of the request for reconsideration of its decision on
admissibility, made both by the State party and by the authors. It points out that most of the
arguments advanced in support of the request for reconsideration relate to parts of the
communication which had already been thoroughly examined during consideration of the issue
of admissibility, and that the other arguments must be analysed as part of the consideration of the
merits. Consequently, the Committee decides to proceed to consider the merits of the
communication.
Consideration of the merits
12.1 The Human Rights Committee has considered the present communication in the light of
all the information made available to it by the parties, as provided in article 5, paragraph 1, of the
Optional Protocol.