CCPR/C/86/D/1159/2003
page 16
admissibility. They consider that, in its observations on the merits, the State party acknowledged
that Thomas Sankara did not die a natural death and that a number of public figures were aware
of the circumstances surrounding the events of 15 October 1987.
8.2
Consequently, the authors first request the Committee to declare admissible the allegation
under article 6 of the Covenant, a provision which obliges the State party to investigate and
prosecute those responsible for violations of Thomas Sankara’s right to life, and to respect and
guarantee Thomas Sankara’s right to life.27 According to the authors, the State party’s obligation
to protect the human dignity of Thomas Sankara continues after his death.28 The failure to
comply with the obligation to establish the circumstances of the acknowledged extrajudicial
death of an individual is an affront to human dignity. In the light of the evidence that
Mr. Sankara did not experience a natural death, notwithstanding his death certificate, but was in
fact assassinated during a coup d’état, the authors deem it vital for the State party to protect his
dignity by embarking on a judicial investigation and determining the circumstances of his death,
and then correcting the death certificate.
8.3
Secondly, the authors call on the Committee to declare admissible the allegation
under article 16, on the grounds that the State party did not supply a copy of Supreme Court
decision No. 46 of 19 June 2001 or did not recognize the authenticity of the copy they
themselves submitted. The authors reiterate that the Supreme Court arbitrarily denied
Auguste Sankara’s right to be recognized as a person before the law. According to the authors,
since the provisions of article 111 of order No. 91-0051/PRES of 26 August 1991 relating to
minors are mandatory, it was incumbent on the Supreme Court to note proprio motu the status of
Auguste Sankara as a minor, to grant him exemption from the bond requirement and thus to
grant him the right of access to the courts. In addition, the authors point out that when the right
of a person to be recognized by the law is violated, article 14 of the Covenant is necessarily
violated.
8.4
The authors also reiterate their comments relating to violations of articles 7 and 9,
paragraph 1, by the State party. They emphasize that the State party’s response to the
above-mentioned new elements relating to the role played by President Blaise Compaoré in the
death of Thomas Sankara will be vital in throwing light on the events of 15 October 1987.
8.5
The authors point out that the State party violated article 26 of the Covenant, protecting
the right to equality before the law and to freedom from discrimination based on political
opinions. Contrary to the State party’s observations, the authors explain that a person may have
a political opinion, even if he or she no longer lives in Burkina Faso, and is not involved in
politics. The authors consider that the State party has not presented sufficient legal arguments to
refute their detailed allegations. Moreover, the State party had noted that the surviving members
of the Sankara family had been granted refugee status abroad. The granting of that status, in the
authors’ view, constitutes prima facie proof of the existence of discrimination based on political
opinions in the country of origin. According to the authors, the State party’s allegations that the
Sankara family wished to benefit from special treatment in the Burkina Faso courts demonstrated
a failure to understand the nature of the discrimination they had suffered, namely, the deliberate
unfair treatment suffered by the authors in their dealings with a variety of official bodies in
Burkina Faso.