-2591. The Court notes that in the Burkinabe legal system, an appeal is a remedy that
seeks to reverse, a final ruling or judgment which is at variance with the law
(Articles 567 et seq of the Criminal Procedure Code of 21 February 1968 as
updated on 30 April 2005).
92.
As was held in the Court's judgment in the Matter of the Beneficiaries of late
Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo and Blaise /lboudo and
the Burkinabe Movement for Human and Peoples Rights v Burkina Faso in ordinary
language, being effective refers to "that which produces the expected result and
therefore the effectiveness of a remedy as such is measured in terms of its ability to
solve the problem raised by the complainanf.
93.
In the circumstance, the Court had held the view that the appeal at Cour de
Cassation as provided for in the Burkinabe Legal system is an effective remedy that
individual Applicants could resort to in order to comply with the requirement regarding
the exhaustion of local remedies as set out in Article 56 (5) of the Charter and Rule 40
(5) of the Rules.
94.
The Court however stresses the fact that although it could be said that the
appeal at the Cour de Cassation in the Burkinabe judicial system exists and is an
effective remedy in theory, the issue of its effective application in the present case is a
matter that requires closer attention.
95.
In the instant case, the concern is whether the remedy, that is, appeals at the
Gourde Cassation was available (or accessible), effective and sufficient.
7
African Court on Human and Peoples' Rights, Application No. 013/2011, Judgment of 28 March 2014, p.24,.
p"a68.
.
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25
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