32. On 20th July 2000, the Secretariat of the Commission conveyed the above decision to the
parties.
33. On 17th August 2000, the Secretariat of the Commission received a Note Verbale from
the Respondent State informing the Commission that they had complied with its decision
and invited the Complainant for a meeting on 14th August 2000.
34. At the 28th Ordinary Session, the Commission heard both parties. The Respondent State
informed the Commission that the case of the victims of massacres committed by police
officers had been settled but that the other cases were pending. The Complainant
confirmed that a meeting had been held but that there had been no progress in so far as
settling the matter was concerned.
LAW
ADMISSIBILITY
35. Article 56(5) of the African Charter on Human and Peoples' rights requires, prior to any
recourse being addressed to the Commission that communications received in
accordance with article 55, should be "...sent after exhausting local remedies, if any
unless it is obvious that this procedure is unduly prolonged".
36. In this particular case, the Complainant had approached the competent national
authorities with a view to obtaining redress for the alleged violations and to clarify the
cases of disappearances and assassinations that had remained unpunished. At its 24th
Ordinary Session, the Commission heard both parties. They expressed their desire to
reach an amicable solution and requested its assistance to this end. The Commission
informed the parties that it was at their disposal for purposes of reaching an amicable
settlement but the parties did not utilise this avenue. The communication was declared
admissible.
MERITS
37. Article 3 of the Charter, stipulates that:
"Every individual shall be equal before the law. Every individual shall be entitled to equal
protection of the law."
38. In order to redress the effects of the suspensions, dismissals and retirements of
magistrates which took place on 10th June 1987, the Burkinabé State introduced an
amnesty, aimed at rehabilitating workers abusively removed under the so-called "Conseil
National de la Révolution" regime, which ruled over Burkina Faso from 1983 to 1987.
As part of the said measure, many workers were restored to their posts, while many
others, according to information available to the Commission, remained unaffected by
the measure. The Complainant, Mr. Halidou Ouédraogo and Mr. Compaoré Christophe,
both magistrates, fall in the latter category. They both demanded to be compensated in