CCPR/C/86/D/1159/2003 page 14 (para. 6.4), whereas the possibility of the use of non-contentious remedies cannot be ruled out. The State party explains that in practice these procedures can often prove more effective than contentious procedures. It enumerates the non-contentious remedies available in Burkina Faso, which are effective remedies, and which have in most cases proved more important and more effective than contentious remedies, but which the authors refused to pursue (cf. para. 4.6). The State party holds that contentious remedies are also effective, but that the Sankara family expected “special justice” because of its history, in breach of the principle of equality before the law and justice. 7.4 Concerning the alleged violation of article 6, paragraph 1, of the Covenant, the State party explains that legally Thomas Sankara’s death certificate is an administrative document, and that it was incumbent on the Sankara family, in keeping with the current legislation, to apply to the competent administrative court to have it cancelled or corrected. The State party also considers that the failure to correct the death certificate does not in itself constitute a violation of the right to life. 7.5 Concerning the alleged violation of article 14, paragraph 1, of the Covenant, the State party outlines its legislation guaranteeing the independence of the judicial system. It also maintains that in the present case the authors have not demonstrated that the judges were biased. Thus the judge in the court of first instance has discretion to set the amount of the bond in the light of the circumstances of the case. Setting the amount at 1 million CFA francs cannot by itself indicate bias in the judge’s decision, since the amount varies with the importance of the case and the parties involved. The State party claims that this amount is in no way exceptional in the context of the customary practice of courts in Burkina Faso.25 As for the deposit of security at the appeal stage, which stands at 5,000 CFA francs, payment is legally mandatory for all persons lodging an appeal, failing which the application is inadmissible. According to the State party, the authors, having omitted to comply with this formality, cannot allege or presume bias on the part of the judges. The State party also considers that citing the political links of the President of the Appeal Court cannot stand up to examination, in view of the fact that the Appeal Court’s decisions are in any event collective, and that the complainant was free to apply for the disqualification of the President of the Appeal Court in accordance with the current legislation,26 but did not do so. In any event, in the State party’s view, losing a case constitutes insufficient grounds for describing a judge as partisan or a court as biased. 7.6 With regard to the alleged violation of article 16 of the Covenant, which the Committee preferred to recategorize in terms of article 14, paragraph 1, of the Covenant, the State party holds that, contrary to the authors’ claims, exempting minors from the requirement to deposit a bond, in accordance with article 111 of order No. 91-0051/PRES of 26 August 1991, cannot be regarded as mandatory, so that it was not incumbent on the Supreme Court to note proprio motu Auguste Sankara’s status as a minor. Moreover, Auguste Sankara’s application is not separate from those of the other members of the family, and consequently cannot be considered separately. 7.7 Concerning the alleged violation of article 17 of the Covenant, which the Committee preferred to recategorize in terms of articles 7 and 9, paragraph 1, of the Covenant, the State party explains that the failure to hold an inquiry into the death of Thomas Sankara and identify

Select target paragraph3