CCPR/C/86/D/1159/2003
page 4
on 21 September 1982 and residing in France) are, respectively, the wife and children of
Mr. Thomas Sankara, former President of Burkina Faso, who died on 15 October 1987. The
authors state that they are acting on behalf of Mr. Thomas Sankara and as victims themselves.
They allege violations by Burkina Faso of: article 6, paragraph 1, of the Covenant in connection
with Thomas Sankara; articles 2, paragraphs 1 and 3 (a) and (b), 14, paragraph 1, 17, 23,
paragraph 1, and 26 of the Covenant in connection with Ms. Sankara and her children; and also
article 16 of the Covenant in the case of Auguste Sankara. The authors are represented by
counsel, Vincent Valai and M. Milton James Fernandes, of the Collectif Juridique Internationale
Justice pour Sankara.
1.2
The Covenant and the Optional Protocol thereto entered into force for Burkina Faso
on 4 April 1999.
Facts as submitted by the authors
2.1
On 15 October 1987, Thomas Sankara, President of Burkina Faso, was assassinated
during a coup d’état in Ouagadougou.
2.2
From 1987 to 1997, the authorities did not, according to the authors, conduct any inquiry
into this assassination. Moreover, on 17 January 1988, a death certificate was issued, falsely
stating that Thomas Sankara had died of natural causes.
2.3
On 29 September 1997, within the 10-year statute of limitations, Ms. Mariam Sankara,
in her capacity as spouse and on behalf of her two minor children, lodged a complaint with
the senior examining judge in the Ouagadougou Tribunal de Grande Instance against a
person or persons unknown for the assassination of Mr. Thomas Sankara and also for the
falsification of administrative documents. On 9 October 1997, the authors deposited a bond
of 1 million CFA francs, in accordance with the Code of Criminal Procedure.
2.4
On 29 January 1998, the Procurator-General of Faso issued a direction not to commence
a judicial investigation, challenging the jurisdiction of the ordinary courts on the grounds that the
alleged events occurred in a military establishment among members of the armed forces and
non-combatant personnel, and that the death certificate had been issued by the armed forces
health service and signed by a physician who had the rank of commander, and was hence a
member of the armed forces.
2.5
On 23 March 1998, by order No. 06/98, the examining judge decided, on the contrary,
that the Ouagadougou Tribunal de Grande Instance was the ordinary court competent to examine
the case.1
2.6
On 2 April 1998, the Procurator of Faso appealed against this decision.2
2.7
On 10 December 1999, in the absence of a decision by the Court of Appeal’s indictment
division, counsel for the authors formally requested the Minister of Justice and the Higher
Council of the Judiciary to take all necessary measures in order to ensure the impartiality of
justice.