77. On this score, the Respondent once again sought to show how complex the matter had been (murder in open countryside; absence of eye witnesses; vehicle and corpses burnt to ashes; x-rays and forensic reports carried out by experts in Burkina Faso and abroad; hearing of hundreds of witnesses) and concluded that “the more complex the matter, the more protracted the investigations would be”. 78. The Respondent then added that the comportment of the Applicants’ advocates could have caused an extension of the duration of the hearing. As proof in support, the Respondent refers to the fact that the representative of Reporters Without Borders and a certain Mr. Moise Ouédraogo claimed to be in possession of information useful for the investigation without submitting such information to the State Prosecutor of Burkina Faso at the time of the investigation, and waited until the end of the case to make mention of it. Further reference was made to the fact that the representative of Burkinabé Human and Peoples’ Rights Movement who had presided over the Independent Commission of Enquiry “had not reported these facts to the State Prosecutor of Faso, facts of which he could not have been unaware”. 79. The Respondent finally pleads that “it cannot be accused of the laxity or inaction on the part of the political, administrative and judicial authorities” (creation of the ICE which included national and international journalists and the MBDHP which was both a member and the chair of the ICE; seizure of the Court on the basis of ICE report). It further states that “it can also not be blamed for not providing effective and efficient local remedies to the beneficiaries of Norbert Zongo and his companions” (opening of the investigations against X; allocation of significant financial and material resources to the Investigating Magistrate; conduct of autopsy and forensic examination on the objects found in the vehicle and on the arms and ammunition similar to those found at the scene of the incident, photographs, transportation to the scene of the incident, hearing of dozens of witnesses; arrest and detention of Marcel Kafando on 2 February 2001). It conciudes that “the investigating magistrate cannot be blamed for having waited for two years before questioning the prime suspects, as if he had not initiated any preliminary procedure (hearing of witnesses, request for forensic evidence, etc....) from the time he was seized of the matter’. . ~ @e. AN

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