acted with diligence and efficiency in identifying and bringing to trial the assassins of
Norbert Zongo.
488. The Court, having thus decided on the alleged violation of the freedom of expression
on the basis of article 9 of the Charter, it does not find necessary to rule on the same
allegation on the basis of article 19 (2) of the ICCPR.
D) Allegation of violation of the obligation to guarantee respect for human rights
189. The obligation to guarantee respect for human rights is contained in article 1 of the
Charter which provides as follows:
“The Member
States of the Organisation
of the African
Unity, parties to the present
Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall
undertake to adopt legislative or other measures to give effect to them”.
190. In their application, the Applicants allege that the State had violated its obligation to
protect human rights as provided for in article 1 of the Charter.
They thus assert that
applied to the instant case, this article would imply that Burkina
Faso was bound, under article 7 of the Charter, to guarantee remedies in case of violation
of the rights that it guarantees.
The Applicants argue, relying on the jurisprudence of the African Commission, that the
obligation set forth in article 1 of the Charter is one of result and that the State had the
choice as to the means to deploy, as far as legislative or other measures are concerned.
191. At the Public Hearing of 29 November 2013, the Applicants underscored that “when
a State ratifies a Treaty, it commits itself to ensure that the provisions of the Treaty are
domesticated in its national laws and, by so doing, the State conforms to the prescriptions
of the Treaty in question”. The Applicants maintained that the Respondent State had
violated this obligation because the legislative measures it had adopted, particularly via
the Criminal Procedure Code, were at variance, notably with article 7 of the Charter.
The
Applicants referred once again to the provisions according to which the Prosecutor could
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents