CCPR/C/86/D/1159/2003
page 20
12.2 Concerning the alleged violation of article 7, the Committee understands the anguish and
psychological pressure which Ms. Sankara and her sons, the family of a man killed in disputed
circumstances, have suffered and continue to suffer because they still do not know the
circumstances surrounding the death of Thomas Sankara, or the precise location where his
remains were officially buried.33 Thomas Sankara’s family have the right to know the
circumstances of his death,34 and the Committee points out that any complaint relating to acts
prohibited under article 7 of the Covenant must be investigated rapidly and impartially by the
competent authorities.35 In addition, the Committee notes, as it did during its deliberations on
admissibility, the failure to correct Thomas Sankara’s death certificate of 17 January 1988,
which records a natural death contrary to the publicly known facts, which have been confirmed
by the State party. The Committee considers that the refusal to conduct an investigation into the
death of Thomas Sankara, the lack of official recognition of his place of burial and the failure to
correct the death certificate constitute inhuman treatment of Ms. Sankara and her sons, in breach
of article 7 of the Covenant.
12.3 Concerning the alleged violation of article 9, paragraph 1, of the Covenant, the
Committee recalls its jurisprudence to the effect that the right to security of person guaranteed in
article 9, paragraph 1, of the Covenant applies even outside the context of formal deprivation of
liberty.36 The interpretation of article 9 does not allow a State party to ignore threats to the
personal security of non-detained persons within its jurisdiction.37 In the present case,
individuals shot and killed Thomas Sankara on 15 October 1987, and, fearing for their safety, his
wife and children left Burkina Faso shortly thereafter. However, the arguments put forward by
the authors are not sufficient to reveal a violation of article 9, paragraph 1, of the Covenant.
12.4 Concerning the alleged violation of article 14, paragraph 1, of the Covenant, while the
authors’ request for public inquiry and legal proceedings do not need to be determined by a court
or tribunal, the Committee considers however that whenever, as in the present case, a judicial
body is entrusted with the task of deciding on the start of such inquiry and proceedings, it must
respect the guarantee of equality of all persons before the courts and tribunals as enshrined in
article 14, paragraph 1, and the principles of impartiality, fairness and equality of arms implicit
in this guarantee.38
12.5 The Committee notes the authors’ arguments regarding the non-respect of the guarantee
of equality by the Supreme Court when it rejected the appeal on the grounds of failure to
deposit security of 5,000 CFA francs, and its refusal to take into account Auguste Sankara’s
status as a minor. It appears, firstly, that the State party did not contest the claim that, contrary
to article 110 of order No. 91-51 of 26 August 1991, the registrar failed to inform counsel of the
obligation to deposit the sum of 5,000 CFA francs as security; and secondly, that the Supreme
Court ruling stating that the authors provided no evidence in support of an exemption for
Auguste Sankara, as a minor, was unwarranted since the authors were unaware that security was
required precisely because of the registrar’s failure to inform them of the fact - a key point of
which the Court was fully aware. The Committee accordingly considers that the Supreme Court
failed to comply with the obligation to respect the guarantee of equality of all persons before the
courts and tribunals as enshrined in article 14, paragraph 1, of the Covenant and the principles of
impartiality, fairness and equality of arms implicit in this guarantee.