155. The fourth weakness in this case is that after the Order to terminate proceedings
against the principal accused in August 2006, the Respondent State pursued no further
investigation, as if the matter had come to an end, whereas no suspect had been placed
on trial and found guilty, and whereas in its own words, public action on the case would
expire only in 2016. Due diligence would also have required that the Respondent should
not abandon the search for those who murdered Norbert Zongo and his companions.
156. In view of all the aforementioned
discrepancies, the Court finds that the Respondent
had not acted with due diligence in seeking out, prosecuting and placing on trial those
responsible for the murder of Norbert Zongo and his three companions. The Court notes,
in consequence, that in that aspect, the Respondent State had violated the rights of the
Applicants to have their case heard by competent national courts as guaranteed under
article 7 of the Charter.
157. The Court, having made the finding that the Respondent has violated article 7 of the
Charter,
does
not need
to consider
the allegations
made
Applicants pursuant to articles 2(3) and 14(1) of the ICCPR,
Declaration of Human
Rights.
in the
same
vein
by the
or article 8 of the Universal
.
B) Allegation on the violation of the right to equal protection of the law and to
equality before the law
158. The right to equal protection of the law and to equality before the law is guaranteed
under article 3 of the Charter, which-states that:
“1. Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law’.
a4
De
(Q-
ve SI
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières