(1) Declare the application admissible;
(2) Declare that the State of Faso has violated the relevant provisions of the Universal
Declaration of Human Rights (article 8), the ICCPR
Charter [articles 1, 3, 4, 7, 9and 13] and
[articles 2(3), 6(1) and 19(2)], the
the Revised ECOWAS
Treaty [article 66 (2) (c)];
(3) Order Burkina Faso to pay to the beneficiaries of Late Norbert Zongo, Abdoulaye
Nikiema alias Ablassé, Ernest Zongo and Blaise Ilboudo and the Burkinabé
Human and
Peoples’ Rights Movement, the following damages:
a.
Damages
for all the losses
incurred
in terms
of family support following the
assassination of Norbert Zongo, Abdoulaye Nikiema alias Ablassé, Ernest Zongo
and Blaise Ilboudo, the burial expenses and loss of the vehicle which they were
using at the time of the assassination;
b.
General damages for the pain, physical suffering and emotional trauma endured
by the beneficiaries of
Late Norbert Zongo, Abdoulaye
Nikiema
alias Ablassé,
Ernest Zongo and Blaise Ilboudo and the Burkinabé Human and Peoples’ Rights
Movement for the entire period of mourning, and
the protracted judicial procedure
for which the Burkinabée authorities should be held
c.
fully responsible;
Punitive damages as a deterrent to ensure Burkina Faso does not again engage
in such crimes on its territory and to compel it to harmonise its legislation with the
principles and standards of judicial procedure applicable at international level.
The complainants submit themselves to the wisdom of the Court to determine the
quantum of the damages mentioned hereinabove.”
In its response to the preliminary objections:
“62. In view of the points of fact and of law as stated above, and without prejudice to
elements of fact and of law, the evidence which may later be produced, as well as the
right to supplement and amend
this document, the beneficiaries of Late Norbert Zongo
and his three companions pray the Court to reject the preliminary objections raised by
Burkina Faso and to consider their Application admissible”.
15
Q-
bp
2&