In their reply on the merits of the case:
“41. As regards the determination of the quantum of damages which we are seeking, we
submit ourselves to the wisdom of your august Court and request that it take due account
of the anguish and mental pressure which the beneficiaries of Norbert Zongo,
Ernest
Zongo, Blaise Ilboudo, and Ablassé [sic] Nikiema alias Ablassé have continued to endure
as they are yet to know those who murdered their relatives.
added
the
financial
losses
incurred
since
the
To the above should be
disappearance
of the
persons
who
substantially provide the daily bread of their families (...).
42. [We pray the Court to]... grant the request for payment of damages be they general,
special or punitive”.
On behalf of the Respondent,
In its response with respect to the preliminary objections:
“89. In consequence of the aforesaid, the Government of Burkina Faso respectfully prays
the African Court on Human and Peoples’ Rights to declare inadmissible Communication
No. 013/2011
of 11 December 2011 filed against Burkina Faso, by the beneficiaries of
Late Abdoulaye Nikiema alias Ablassé, Ernest Zongo, Blaise Ilboudo and Norbert Zongo
and the Burkinabé Human and Peoples’ Rights Movement (WBDHP)”.
In its response on the merits:
“103. Consequently, it prays the Court’,
On the procedure,
To declare,
Communication/Complaint No. 013/2011 of 11 December 2011 inadmissible for having
failed to exhaust local remedies (article 56 (5) of the African Charter on Human
and
Peoples’ Rights and Rule 40.5 of the African Court on Human and Peoples Rights), firstly
because, the highest court in Burkina Faso, the “Cour de cassation” was not seized of the
matter by the beneficiaries of
Late Norbert Zongo, Abdoulaye Nikiema a/ias Ablassé,
16
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