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those responsible are not admissible, in view of the fact that the events pre-dated the entry of the
Covenant into force for Burkina Faso. The State party maintains that article 7 of the Covenant
cannot be invoked insofar as the authors have never been harassed, and have never suffered from
treatment to which this provision refers. Moreover, such an allegation would involve a physical
impossibility, insofar as the authors have not lived in Burkina Faso since the events of 1987.
Similarly, according to the State party, article 9, paragraph 1, of the Covenant cannot be invoked
since the authors no longer live in Burkina Faso.
7.8
Concerning the allegation that article 23 of the Covenant was violated, which the
Committee ruled inadmissible, the State party, after referring to its legislation recognizing and
guaranteeing the rights of the family, points out that the authors cannot accuse Burkina Faso of
not having protected them, since they no longer live in the country and voluntarily removed
themselves from the supervision of the Burkina Faso authorities by seeking refugee status
abroad, though they were in no way at risk, or being harassed.
7.9
The State party reiterates its position that the authors’ complaint constitutes an abuse of
process, insofar as it pursues purely political aims. According to the State party, it would be
difficult to subject the facts alleged by the complainant to a legal assessment in the light of
Burkina Faso’s international human rights commitments, owing to their political nature. What
are involved are incidents closely related to the country’s political life which occurred in a
troubled national context that was linked to the aberrations of the revolutionary regime and the
risks of instability in the country and to the military coup which was rendered necessary by
circumstances. Hence these incidents cannot be dissociated from the events of 15 October 1987,
and the Committee cannot evaluate them independently of their context. The State party claims
that the Committee would be exceeding its authority if it were nevertheless to examine all of
these incidents. It explains that Ms. Sankara has set herself the goal of seeking revenge for her
dead husband, and harming the image of the country and the Government.
7.10 Lastly, the State party calls on the Committee to reject the communication and rule that
there has been no violation since the Covenant entered into force. It adds that, at the express
request of the parties concerned, the Government is nonetheless prepared to check Thomas’s
death certificate and, if necessary, to have it corrected, in keeping with the applicable laws and
regulations in force in Burkina Faso. In any event, according to the State party, there is nothing
to prevent the authors from returning to Burkina Faso or living there. The State party maintains
that it guarantees security and protection to all persons living on its territory or subject to its
jurisdiction. Furthermore, if the authors consider themselves to be under threat or lacking
security, it is for them to seek special protection from the competent authorities. However,
according to the State party, Burkina Faso cannot effectively guarantee protection for its
nationals living in a foreign State. In addition, according to the State party, it remains true that
the security of the authors has never been disturbed at the hands of Burkina Faso in the various
countries where they have chosen to live (Gabon, France, Canada).
Authors’ comments
8.1
In their comments dated 15 November 2004, the authors state that they are presenting
new elements which would warrant a partial revision of the Committee’s decision on