On behalf of the Respondent State,
In the Brief in Reply :
"71 . Based on the reasons mentioned above , the State of Burkina Faso respectfully prays the
Court to;
- Rule that the Applicants have not produced or have produced insufficient , documents to justify
their status and identity; and have thus not established proof of their close or filial relation to the
direct victims who are late Norbert Zongo , Ernest Yembi Zongo, Blaise llboudo and Abdoulaye
NikiE~ma alias Ablasse;
Thus, decide that they do not have the status of indirect victims and cannot claim any reparation
whatsoeve r;
-Dismiss the request of the Burkinabe Human and Peoples' Rights Movement (MBDHP) for the
payment of the sum of 45,734,705 CFA F, as groundless ;
- In the alternative , uphold the payment of a symbolic 1 Fran c as reparat1on for moral prejudice:
-State that the fees of the Applicants ' lawyers are not specific or general damages and
consequently throw them out;
Alternatively,
-State that the amounts requested as lawyers' fees are exorbitant and reduce the said amount
to a total of 20,000,000 CFA F, wh1ch breaks down to 5,000,000 CFA F each per fam ily of the
indirect victims:
-Lastly, regarding transport and sojourn costs in Arusha, Tanzania, estimated by the indirect
victims and their Counsel at 6,542,500 CFA F, the State of Burkina Faso leaves it to the very
wise appraisal of the Court"
18. It is apparent. on the whole, that the Applicants are claiming damages for the prejudice
they suffered ; reimburse ment of the costs and expenses they incurred; and at the same
time , asking for measures of satisfactio n and guarantee s of non-repeti tion .
The Court will now consider these main prayers one after the other.
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