there was no withdrawal of any judge, and that it was a single Investigating Magistrate
that handled the matter of Zongo and others, from the beginning to the end.
130. At the Public Hearing of 28 November 2013, the Counsels to the Respondent State
had clearly explained that there had never been the removal of any judge whatsoever
and that only one judge dealt with the case from the start to the finish.
131. The Applicants having themselves admitted that they had been mistaken in asserting
that a judge had been withdrawn in a manner that undermined the independence of the
judiciary, the Court is of the opinion that there was never any such withdrawal and that
the matter had been considered by only one judge.
Consequently, the Respondent cannot be blamed for interfering with the independence
of the judiciary in this regard.
4) The issue of non-appearance of a witness
132. On the accusation of obstruction of the normal course of justice brought against the
Respondent State, the Applicants further stated in their reply on the merits that everything
was done to ensure that Frangois Compaoré was not heard by the court.
133. At the
Public Hearing of 28 November 2013, the Respondent State noted that the
Applicants were contradicting themselves by making such an allegation, whereas they
themselves had at the same time indicated in their Application that he was heard on 16
January 2001
(supra, paragraph
16). They explained that the person in question was
heard as a witness at least twice.
134. At the Public Hearing of 29 November 2013, in answer to a question by the Court,
Counsel for the Respondent State confirmed that Francois Compaoré had been heard at
least twice.
135. It emerges from all the minutes of the hearings produced by the Respondent through
its letters dated 25 April 2013 and 18 December 2013,
heard
by the same
that Francois Compaoré was
mene
oe
Investigating Magistrate as a witness in the matter of Zongo
and
others, on two occasions, that is, on 17 January 2001 and 19 May 2006.
aS