139. On the hearing of the civil parties, even if they had been heard towards the end of
the procedure,
the hearings
actually took place before the Magistrate
rendered
his
decision and it is this latter consideration that matters when looking at the issue of fairness
of the procedure. Consequently, it is the opinion of the Court that the Respondent cannot
be accused of violating the principle of fair trial in this regard.
140. On the absence of adversarial procedure between the suspect and the
civil parties,
it lies with the national judge to determine whether this is necessary and useful based on
the specific circumstances of each case.
{In the instant case, the Applicants
have not
shown whether adversarial procedure was useful and necessary and have not provided
any proof of a request for that purpose to which the Investigating Magistrate had failed to
respond.
Consequently, the Respondent cannot be accused of violating the principle of
fair trial in this specific area.
6) The issue of the despatch with which the Respondent
provided remedy in the
instant case
141. In their submission, the Applicants
assert, citing the jurisprudence of the African
Commission on Human and Peoples’ Rights, that “..: Burkina Faso was bound by article
7 of the Charter, to guarantee available, efficient, accessible and satisfactory remedies
for violation of the rights which it guarantees”.
142.
As
noted
earlier,
the
Applicants
maintain
that
the
Respondent
State had, inter alia, the obligation to carry out investigations on those responsible for the
murder
of Norbert Zongo
and
his companions
and to try them.
Instead
of doing
so,
however, the State chose to obstruct efforts in that regard by the families of the victims.
143.
In their reply to the preliminary
objections,
the Applicants
maintain
that “the
ineffectiveness of the remedies initiated was compounded by the shortcomings on the
part of the national authorities who did nothing to ensure that the assassins of Norbert
Zongo and his companions were actually arrested”.
144. In a letter dated 28 April 2013 filed in Court following a request by the Court at the
Public Hearing of 7 and 8 March 2013, the Applicants again explained that “... it was
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