constitutional, legislative and regulatory measures required in its judicial system to ensure
compliance with the provisions of article 7 of the Charter.
1. The issue of legislative measures
196. On the allegation of violation by the Respondent
legislative
measures,
Charter,
of the
the argument
legislative
of the
or regulatory
parties
State of its obligation to take
centred
measures
on
adopted
compliance
by the
with the
Respondent
to
guarantee the rights of all persons for their cause to be heard by competent national
courts, pursuant to article 7 of the Charter.
197. In that regard, the Court observes, from the records of the case, that the Respondent
had adopted
a number
of legal measures
to guarantee the right to have one’s cause
heard by an independent and impartial judge. As mentioned earlier, the Constitution of
Burkina
Faso,
in its articles
judiciary (supra,
paragraph
129
and
130,
does
125). Furthermore,
guarantee
the
independence
article 125 of this same
of the
Constitution
holds up the judiciary as the custodian of the rights and freedoms which it defines.
lt is therefore clear that the Respondent State cannot be blamed for not having taken
such measures, and for having violated article 1 of the Charter with respect to legislative
measures.
2) The issue of other measures other than legislative measures
198. On the allegation of violation by the Respondent State of its obligation to take other
measures in terms of article 1 of the Charter, the argument between the parties centered
on whether or not, by failing to seek out, prosecute and put to trial the assassins of Norbert
Zongo
and
his companions,
the Respondent
failed in its obligation to take measures,
other than legislative, to ensure respect for the rights of the Applicants’ cause to be heard
by competent national courts.
ary
Q
Ne
—
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières