38, The Respondent State first submits
that according to Burkinabé Law, the status of
widow presupposes that two conditions have been met: marriage (attested by a marriage
certificate), and death of the spouse
(proven by a death certificate).
It points out that
these two conditions have been fulfilled in the case of the widow of late Norbert Zongo.
39. It further argues that the status of child or descendant
is determined
by filiation
resulting in the relationship which itself is evidenced by civil status registration. It submits
that, in the instant case, “these conditions are partially met by some interested parties
and completely ignored by others”.
40. Lastly, the Respondent State points out that estates are deferred to children and
descendants
of the deceased,
to ascendants,
to collateral parents
and to surviving
spouse in the order established by law; and that in particular, “fathers, mothers, brothers
and sisters can only inherit where there were no children or descendants’.
41. It then submits
that according to international and community law and, in particular,
under the jurisprudence of major international
jurisdictions
(Human Rights Committee,
Inter-American Court, European Court, African Commission
and African Court), “only
members of the family who have close filial relations with the direct victim are considered
as indirect victims with
rights to reparation”. It argues however that they have to furnish
proof of such relationship.
42. On the whole, the Respondent State noted that, in the instant case, whereas some
beneficiaries produced both birth and life certificates, others however submitted only one
certificate (birth or life certificate) or identification papers which are no longer valid and
are therefore not expected to be used to attest to their identity, because the papers in
question have ceased to exist in Burkina Faso for more than ten years; and others still
did not provide any document at all.'4
produced a
It noted that none of the Applicants’ families has
certificate of inheritance, “a basic document in Burkinabé national law that
alone attests to the status of inheritor.”
14 On this score, the Respondent State presents a comprehensive Table of the categories of beneficiaries
Se