Consequently,
the allegation
made
by the Applicants
Compaoré was never heard by the court is unfounded.
according
to which
Frangois
The Respondent State cannot
therefore be accused of having obstructed justice in that regard.
5) The issue of involvement of civil parties® in the procedure
136. Counsel for the Applicants explained in response to a question from the Court at the
Public Hearing on 29 November 2013, and or purposes of fairness of the proceedings,
that between 2001 and 2006, the parties claiming damages had not been informed about
the proceedings, were not involved in investigations before 2006, and had never been
party to any adversarial procedures involving them.
137. In its letter dated 18 December 2013 forwarding the documents requested by the
Court at the Public Hearing of 29 November 2013, the Respondent State explained that
under the Burkina
Faso
procedures
required only if the Investigating Magistrate believes that they may
“were
Criminal
Procedure
lead to the discovery of the truth”. It added
Code
[articles
111
and
118], adversarial
that “in the instant case,
although the
Investigating Magistrate was of the view that confrontation between Marcel Kafando (the
suspect)
and
Jean
Racine
Yameogo
(the witness) was
necessary for the truth to be
established, he did not however deem it necessary to confront the suspect with the parties
in the civil suit as they were all beneficiaries and were not eye witnesses to the crime”. It
concludes by pleading that in any case “the Investigating Magistrate never refused to
organize adversarial proceedings between the suspect and the parties in the civil suit,
which proceedings could have been sought by the Applicants, yet neither they nor their
numerous Counsel did so”.
138. Examination
does show,
of the documents
produced
by the Respondent,
as earlier indicated,
on the one hand, that no adversarial procedure had occurred
between the
suspect and the civil suit parties, and on the other, that the civil parties were heard by the
Investigating Magistrate on 22 February 2006 and 4 May 2006, respectively.
5 In the civil law system, a civil party is an individual who has personally suffered damages directly caused by an
offence, who brings against the author of such damage a civil action in reparation for the harm caused by the
offence (Legal vocabulary, Gérard CORNU, ed., 8 ed., 2009, p. 664.
7"
@