the rights contained in the African Charter, this constitutes a violation of the Charter.
Even if the State or its agents were not the perpetrators of the violation. (See
communication 74/92, para. 35).
43. The communication points to a series of human rights violations linked to certain events
that occurred in Burkina Faso in 1995 and additional elements attached to the dossier
describe the human rights violations perpetrated at Garango, Kaya Navio, as well as the
murder of a young peasant at Réo. The communication also mentions the deaths of
citizens who were shot or tortured to death, as well as the deaths of two young students
who had gone onto the streets with their colleagues to express certain demands and to
support those of the secondary school and higher institution teachers. The Commission
deplores the abusive use of means of State violence against demonstrators even when the
demonstrations are not authorised by the competent administrative authorities. It believes
that the public authorities possess adequate means to disperse crowds, and that those
responsible for public order must make an effort in these types of operations to cause
only the barest minimum of damage and violation of physical integrity, to respect and
preserve human life.
44. Article 5 of the Charter guarantees respect for the dignity inherent in the human person
and the recognition of his legal status. This text further prohibits all forms of exploitation
and degradation of man, particularly slavery, slave trade, torture cruel, inhuman or
degrading punishment and treatment. The guarantee of the physical integrity and security
of the person is also enshrined in Article 6 of the African Charter, as well as in the
Declaration on the Protection of all Persons against Forced Disappearances, adopted by
the General Assembly of the United Nations in Resolution 47/133 of 18th December
1992, which stipulates in article 1(2) that "any act leading to forced disappearance
excludes the victim from the protection of the law and causes grave suffering to the
victim and his family. It constitutes a violation of the rules of international law,
especially those that guarantee to all the right to the recognition of their legal status, the
right to freedom and security of their person and the right not be subjected to torture or
any other inhuman or degrading punishment or treatment. It also violates the right to life
or seriously imperils it". The disappearances of persons suspected or accused of plotting
against the instituted authorities, including Mr. Guillaume Sessouma and a medical
student, Dabo Boukary, arrested in May 1990 by the presidential guard and who have not
been seen since then constitute a violation of the above-cited texts and principles. In this
last case, the Commission notes the submission of a complaint on 16th October 2000.
45. Article 8 of the Charter provides for the guarantee of the freedom of conscience, the
profession and the free practice of religion. While the Complainant claims violation of
these treaty provisions, the communication does not contain any elements that could
reasonably lead to such a conclusion. Information before the Commission provides no
indication that the Complainant or that any other person cited in the communication had
tried to express or exercise their freedom of conscience or to profess their faith. The
Commission is of the view, therefore, that violation Article 8 has not been established. It
adopts the same position as regards the allegations of violation of Articles 9(2), 10 and
11 of the Charter.
46. Article 12(2) stipulates that: