107. The Court is further of the opinion that such a measure hardly amounts to contempt
of
Burkinabé
investigations
legislation,
since
after the matter
all it does
had
been
is to offer
dismissed
the
possibility
by the national
of reopening
court for lack of
evidence; and the Respondent State itself is disposed to the reopening of investigations
into the matter (supra, para. 102).
108. The Court would also like to emphasize that whereas it may indeed order the State
to adopt certain measures, the Court does not however deem it necessary to indicate to
the State how it should comply with the Court's decision, that being left to the discretion
of the said State.
109. Based on the foregoing
considerations, the Court grants the Applicants’ request to
order the Respondent State to reopen investigations with a view to prosecute and bring
to trial the perpetrators of the murder of Norbert Zongo and his three companions,
and
thus shed light on this matter and do justice to the families of the victims.
110. On the Applicant's request to require the Respondent State to furnish all information
concerning the measures taken in this respect within six months, the Court is of the
opinion that it is not necessary to set a specific time limit for implementation
of the
measures in question, considering that it will determine later (infra, para 111) the time
limit within which the Respondent State should notify the Court of its execution of all the
measures it would have taken in the instant case.
111. For these reasons,
THE COURT:
(i)
Unanimously
Decides,
with regard to the moral prejudice suffered by the Applicants
natural persons
in the instant case, that only the spouse, the sons and
daughters, and the fathers and mothers of the deceased persons mentioned
in paragraph 50 of this Judgment are entitled to reparation;
(ii)
Unanimously