CCPR/C/86/D/1159/2003
page 14
(para. 6.4), whereas the possibility of the use of non-contentious remedies cannot be ruled out.
The State party explains that in practice these procedures can often prove more effective than
contentious procedures. It enumerates the non-contentious remedies available in Burkina Faso,
which are effective remedies, and which have in most cases proved more important and more
effective than contentious remedies, but which the authors refused to pursue (cf. para. 4.6). The
State party holds that contentious remedies are also effective, but that the Sankara family
expected “special justice” because of its history, in breach of the principle of equality before the
law and justice.
7.4
Concerning the alleged violation of article 6, paragraph 1, of the Covenant, the State
party explains that legally Thomas Sankara’s death certificate is an administrative document, and
that it was incumbent on the Sankara family, in keeping with the current legislation, to apply to
the competent administrative court to have it cancelled or corrected. The State party also
considers that the failure to correct the death certificate does not in itself constitute a violation of
the right to life.
7.5
Concerning the alleged violation of article 14, paragraph 1, of the Covenant, the State
party outlines its legislation guaranteeing the independence of the judicial system. It also
maintains that in the present case the authors have not demonstrated that the judges were biased.
Thus the judge in the court of first instance has discretion to set the amount of the bond in the
light of the circumstances of the case. Setting the amount at 1 million CFA francs cannot by
itself indicate bias in the judge’s decision, since the amount varies with the importance of the
case and the parties involved. The State party claims that this amount is in no way exceptional in
the context of the customary practice of courts in Burkina Faso.25 As for the deposit of security
at the appeal stage, which stands at 5,000 CFA francs, payment is legally mandatory for all
persons lodging an appeal, failing which the application is inadmissible. According to the State
party, the authors, having omitted to comply with this formality, cannot allege or presume bias
on the part of the judges. The State party also considers that citing the political links of the
President of the Appeal Court cannot stand up to examination, in view of the fact that the Appeal
Court’s decisions are in any event collective, and that the complainant was free to apply for the
disqualification of the President of the Appeal Court in accordance with the current legislation,26
but did not do so. In any event, in the State party’s view, losing a case constitutes insufficient
grounds for describing a judge as partisan or a court as biased.
7.6
With regard to the alleged violation of article 16 of the Covenant, which the Committee
preferred to recategorize in terms of article 14, paragraph 1, of the Covenant, the State party
holds that, contrary to the authors’ claims, exempting minors from the requirement to deposit a
bond, in accordance with article 111 of order No. 91-0051/PRES of 26 August 1991, cannot be
regarded as mandatory, so that it was not incumbent on the Supreme Court to note proprio motu
Auguste Sankara’s status as a minor. Moreover, Auguste Sankara’s application is not separate
from those of the other members of the family, and consequently cannot be considered
separately.
7.7
Concerning the alleged violation of article 17 of the Covenant, which the Committee
preferred to recategorize in terms of articles 7 and 9, paragraph 1, of the Covenant, the State
party explains that the failure to hold an inquiry into the death of Thomas Sankara and identify