- Examination of the case file by the Investigating Magistrate, followed by the arrest and
detention of the principal suspect on 2 February 2001:
- Adversarial procedure between the principal suspect, Warrant Officer Marcel Kafando
and the witness Jean Racine Yameogo;
- The suspension on 15 May 2001 of the adversarial procedure between the accused and
the witness
as a result of the poor state of health of the accused; and
resumption of
the adversarial procedure on 31 May 2006;
- Definitive directive by the State Prosecutor on 13 July 2006, requiring the
abandonment
of the proceedings against the sole accused person;
- Order to terminate proceedings issued by the Investigating Magistrate on 18 July 2006;
- Appeal filed: by the parties civiles (private parties) on 19 July 2006 with the Criminal
Appeal Court of Ouagadougou
against the Order to terminate proceedings for lack of
evidence; and
- Ruling by the Appeal Court on 16 August 2006, confirming the Order to terminate
proceedings issued by the Investigating Magistrate.
19. The Court notes that the narration of the facts on the handling of the matter at national
level as presented by the Applicants and by the Respondent State was, on the whole, the
same and complementary, save on three issues, which were also debated during the
Public Hearings of 7 and 8 March and of 28 and 29 March 2013.
Firstly, the Respondent claimed that the matter was handled by a single Investigating
Magistrate,
thus
Investigating Judge
refuting
the
Applicant's
allegation
had been withdrawn from the case.
Applicants provided the names
according
to
which the
first
In rebuttal, Counsel for the
of the two Investigating Magistrates.
Finally, during the
Public Hearing of 29 November 2013, Counsel for the Applicants admitted that there was
only one
Investigating Magistrate in the matter of Norbert Zongo and
paragraph 129).
Others (infra,