6. The applicant was therefore brought before the investigating judge of the
Ouagadougou Military Court, where he was heard, imprisoned and then notified to
appear before the Investigating Control Chamber, who referred him to the Military
Court for trial on 27th February 2018 following the prosecution decision; (Annexes 5 and
6)
7. In the procedure for waiving his Parliamentary Immunity by the National Assembly of
Burkina Faso, the request was made by the Government Commissioner of the
Ouagadougou Military Court and not by the Attorney General, as required by Article 86
of the Rules of Procedure of the National Assembly; (Annex 3)
8. In Burkina Faso, before the courts, the Public Prosecution Service is represented by a
Faso Prosecutor or Government Commissioner and before the Courts by Attorney
Generals;
9. The Government Commissioner at the Ouagadougou Military Court, who requested
the waiver of parliamentary immunity, is the equivalent of a Faso Prosecutor at the
Court;
10. This authority cannot request the waiver of parliamentary immunity of a Parliament
Member;
11. Only the Attorney General at the Ouagadougou Court of Appeal could request the
waiver of the Parliament Member´s parliamentary immunity before possibly making him
available to the Government Commissioner at the Ouagadougou Military Court;
12. The waiver of his parliamentary immunity was made in breach of the rules of law
governing the matter, namely Article 86 of the Rules of Procedure of the National
Assembly of Burkina Faso;
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