CCPR/C/86/D/1159/2003
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8.6
In relation to article 14, paragraph 1, of the Covenant, the authors point out that the
Supreme Court was guilty of a denial of justice in adopting its decision No. 46 of 19 June 2001,
which the State party has still not supplied. The Committee’s jurisprudence confirms that a
decision taken by a country’s highest court can in itself be the source of an alleged denial of
justice.29 The authors acknowledge that the Committee has no independent machinery which
could conduct an investigation, and is generally not in a position to review the evidence and the
facts as assessed by domestic courts. However, the authors refer to the exception to that rule set
out in the case Griffin v. Spain.30 In the authors’ view, the Supreme Court displayed a lack of
logic when it invoked the failure to pay the modest sum of 5,000 CFA francs in refusing to
consider the merits of a case.
Supplementary observations by the State party on the authors’ comments
9.1
In its supplementary observations of 15 October 2005, the State party reiterates its
observations concerning inadmissibility. According to the State party, neither the failure to
conduct an investigation, nor the alleged failure to correct the death certificate, nor the invoking
of the violation of Thomas Sankara’s dignity, can justify applying the provisions of the Covenant
in respect of him retroactively, since there is no continuity in the events over time, and to do so
would run totally counter to the principles of public international law. The State party maintains
the argument of prescription to justify the fact that no investigation has been held since the
Covenant entered into force. Furthermore, in bringing the case before a court which was
manifestly incompetent to consider it, the authors brought on prescription by their own actions,
since referral to an incompetent court does not interrupt the statute of limitations. In that way, it
was not incumbent on the State party to institute proceedings after the Covenant had entered into
force. In the present case, since the author of the communication had not indicated any act
attributable to the State party which had been committed subsequently or had continued after the
entry into force of the Covenant, the Committee could not validly rule on the facts without
ignoring its own jurisprudence and a well-established international rule. Regarding the author’s
allegations that the last investigative action was taken on 29 September 1997, providing grounds
for suspending the statute of limitations, the State party considers this to be a “pernicious
interpretation” of article 7 of the Code of Criminal Procedure: the institution of proceedings is
not an investigative act, because it is not brought before a competent court.
9.2
Concerning the allegations that the State party omitted or refused to correct
Thomas Sankara’s death certificate, before and after acceding to the Optional Protocol, the State
party explains that the death certificate is no more than an act of recording by an expert, and not
a civil registration document. A document prepared by an expert can be rectified or corrected
only by an expert, a role the State party could not play, and the responsibility of an expert is and
remains an individual and personal responsibility. Hence the failure to correct the death
certificate cannot bring into play the responsibility of the State party.
9.3
The State party maintains that the authors’ assertions regarding violation of the dignity
of Thomas Sankara, allegedly constituting a continuing violation, are not substantiated and
do not point to violations of the provisions of the Covenant. Sympathizers regularly visit
Thomas Sankara’s grave to pay tribute, he himself has been officially rehabilitated and honoured