taken in regard
Investigating
comprising
to the case from
Registrar
twenty-two
of the
pages
1999 to 2006, signed as required by law,
Court
in
Ouagadougou,
adversarial
of hearings,
totalling sixty-three procedural acts which
by the
together
with
nine
procedures
and
submissions,
reports
the
form part of the process of addressing
matter between the period of suspension of the hearing of the principal
accused and the
appeal proceedings.
31. By letter dated 28 April 2013, the Applicants responded
to the Registrar's letter
mentioned in paragraph 29, reiterating their position that the matter had been stayed
between 2001
2006
and 2006, and producing a copy of the definitive directive dated
by the Prosecutor
of Faso
to terminate
proceedings,
as well as a copy
13 July
of the
summons dated 28 April 2006 issued to the Counsel to appear for the hearing of Madam
Genevieve Zongo.
32. On 21 June 2013, the Court delivered its ruling, as follows:
“On these grounds,
THE COURT, unanimously,
1.
Upholds the objection to the Court's jurisdiction ratione temporis with respect
to
the violation of the right to life, based on the 13 December 1998 murder of Norbert
Zongo, Abdoulaye Nikiema known as Ablassé, Ernest Zongo and Blaise Ilboudo;
2.
Overrules
the objection
to its jurisdiction
rationae
temporis
in regard
to the
allegation of violation of the rights of the Applicants to have their cause heard by a
Judge on the basis of _ the judicial acts and procedures which occurred during
treatment of this matter at national level;
3.
Overrules the objection to the Court’s jurisdiction rationae temporis on allegations
of violations of human rights in regard to the obligation to guarantee respect for
human
rights, the right to equal protection of the law and equality before the law,
and the right to freedom of expression and the protection of journalists as long as
these allegations are directly linked to the allegation of violation of the right of the
Applicants to have their cause heard by competent national courts.
i
e
Xx