only... on 4 May 2006, that the same Investigating Magistrate heard the widow of Norbert
Zongo as part of the civil suit for the first time’.
145. At the Public Hearing of 29 November 2013, the Applicants maintained that when
murder is committed in the territory of a State, the State in question has the responsibility
to ensure that investigations are conducted.
Such investigation must be independent,
efficient and capable of apportioning responsibility for the murder. It must be conducted
with reasonable speed, accessible and appropriate, particularly for the victims and for the
sake of protection of the society. Taking issues with the absence of an independent
investigation and the length of the procedure, the Applicants submitted that none of those
responsible was identified, that of the six suspects identified by the enquiry, five were
never prosecuted; and the remedies were not adequate for the victims and for protection
of the society.
146. In its response on the merits, the Respondent State, after
criticising the Applicants
for being vague on the question of the right to seek recourse to a judge which was
breached in this case,
expressed the view that what “the State of Burkina Faso is being
criticized for seems to boil down to its violating the right of everyone to be heard by
competent national courts within reasonable time”.
147. As noted earlier, the Respondent maintained that it could not be held responsible for
laxity or inaction on the part of its political, administrative and judicial organs.
It further asserted that “the rights of the Applicants had been brought before competent,
impartial and independent national courts, and this, within reasonable time and that they
had benefited from an effective and efficient remedy’.
148. At the Public Hearing of 28 November 2013, the Respondent State noted that the
Independent Commission of Enquiry chaired by the representative of the MBDHP, which
is party to the instant case, concentrated on a single approach, which was to carry out
investigations within Government
circles , whereas, there were other avenues that could
have been explored, such as the conflicts between Norbert Zongo and livestock graziers
41
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