acts violating the fundamental rights granted him by the constitution or by law) has been
violated.
12. More
specifically,
the Applicants
emphasize
that “.... the crucial element
in the
obligation to protect the right to life and guarantee the existence of effective remedies
when the said right is violated is the duty to investigate the perpetrators of the acts of
homicide such as that of Norbert Zongo, identify the suspects and bring them to justice...”.
13. They further stress that “instead of fulfilling that obligation, Burkina Faso patently and
repeatedly
chose
io frustrate the efforts of the families
of Norbert Zongo
and
his
companions ait ensuring that those responsible for the deaths account for their actions”.
14. They also contend that “by failing to initiate an effective inquiry to determine the
circumstances
surrounding
the
death
of
Nobert
Zongo
and
ensuring
that
those
responsible are identified, tried and punished, Burkina Faso violated Norbert Zongo’s right
to life as guaranteed under article 4 of the Charter on Human and Peoples’ Rights and
article 6(1) of ICCPR, as well as
article 3(2) of the Charter on equal protection of the
law”.
a
15. Finally, they submit that “these actions for which Burkina Faso is held liable constitute
a violation of article 9(2) of the Charter and article 9(1) and (2) of the ICCPR...” both of
which guarantee freedom of expression.
il, HANDLING OF THE MATTER AT NATIONAL LEVEL
16. At this juncture, a summary of the manner in which this matter was handled at national
level would be appropriate.
According to the narrative of events by the Applicants,
both in their Application and in
their submissions on the Merits, as well as at the Public Hearing of 28 and 29 November
2013, the matter went through the following main stages:
- Seizure of the Dean of the Examining Magistrates of Cabinet No. 1 of the Ouagadougou
High Court, by the State Prosecutor through
a formal request dated
24 December 1998