On the second
refused
issue, whereas
to appear
before
the Applicants
a first Magistrate,
contend
that Mr. Francois Compaoré
but appeared
once
before
a second
Magistrate who replaced him when he the Magistrate was withdrawn from the case, the
Respondent posited that Mr. Frangois Compaoré appeared at least twice before a single
Investigating Magistrate who dealt with the matter.
Furthermore, the Respondent refutes the Applicant’s allegation that the hearing of the
matter was stayed between 2001 and 2006, and claims that the hearing, including the
hearing of witnesses, continued throughout that period.
.
The Court will have the opportunity to review all the aforesaid allegations when examining
the allegation of violation of the right to have one’s cause heard by competent national
courts.
ii. SUMMARY
OF THE PROCEDURE
BEFORE
THE COURT'
20. The application was received at the Registry of the Court on 11 December 2011.
21. By separate letters dated
Foreign
Affairs
of
Burkina
11 and 23 January 2012, addressed to the Minister of
Faso,
the
Registry
transmitted
the
application
to the
Respondent pursuant to Rule 35 (4) (a) of the Rules of Court and requested that the
names and addresses of the representatives of Government
be submitted to the Court
within thirty (30) days of receipt of the application. The Registry further indicated that the
Minister's response to the application should be filed within sixty (60) days as stipulated
by Rule 37.
22. By letter dated 13 March 2012, addressed to the Registrar and submitted through a
Note Verbale dated 23 March
2012 from the Embassy
of Burkina Faso,
Permanent
Mission to the African Union, the Burkinabé Minister of Communication, Spokesperson of
the Government
and
Interim
Minister of Foreign
Affairs and
Regional
Cooperation,
‘The details of procedure before the Court which culminated in its Ruling of 21 June 2013 on the preliminary
objections can be found in paragraphs 20 to 49 of the said Ruling.
an
Ne