On the allegation of violation of the right to have one’s cause heard by competent national
courts guaranteed under article 7 of the Charter, the Court is obliged to conclude, for the
same
reasons,
that the case
brought
by the Applicants was
not addressed
within
reasonable time.
2) Role of the Prosecutor in the legal system of the Respondent State
121. In their response on the merits, the Applicants sought to show that justice had been
impeded by the Executive through the Prosecutor of Faso.
In that regard, they emphasize
the fact that “the Prosecutor of Faso, as a judicial officer ‘comes under’ the supervision
and control of his hierarchical superiors and under the authority of the Minister of Justice,
a situation which imposes on him the obligation to be loyal to his superiors’.
122. They added that “the observed delay in the handling of the case of Norbert Zongo
and his companions can be explained by Executive
interference in the functioning of the
judicial machine, notably through the Prosecutor of Faso ... who interfered in the choice
of those to be heard and in the deployment of judicial staff during that period, thus making
it possible
for the
real
accomplices
of the
suspects
identified
by
the
Independent
Commission of Enquiry to escape from the strong arms of the law”.
123. At the Public Hearing of 28 and 29 November 2013, the Applicants reiterated the
position according to which the role played by the Prosecutor in Burkinabeé judicial system
was
a violation
of the letter and
spirit of the Charter
particularly because
he was
hierarchically subordinate to the Minister of Justice.
124. At the Public Hearing on 28 November 2013, Counsel for the
Respondent retorted,
in regard to the role of the Prosecutor in the Burkinabé judicial system, that Burkinabé is
not “a strange entity in law” and that “it was part of the romano-germanic system of law”,
like many other countries. The Respondent explained that the Prosecutor was first and
foremost a judicial officer who has sworn to work independently and with dignity.
125. Article 7 of the Charter speaks of the right to have one’s cause heard by competent
national courts (italics added). What is important under this article is the independence of
the judge seized of the matter.
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