49. In any case, it is apparent that the issue as to whether a given person may be
considered as one of the closest relatives entitled to reparation has to be determined on
a case-by-case basis, depending on the specific circumstances of each case.
50. In the context and circumstances of the instant case, there
people suffered morally, in varying degrees,
from the lack
is no doubt that
many
of due diligence on the part
of the authorities of the Respondent State in apprehending, prosecuting and putting to
trial the perpetrators of the quadruple
assassination;
but one may reasonably consider
that those who acted (directly or by representation) on the very front line in this respect
and suffered the most from the situation are the spouses, children, fathers and mothers
of the deceased. These are therefore the persons who, in the instant case, may claim the
status of victim, and therefore lay claim to reparation, if at least the concrete evidence of
this status is duly adduced.'® Going by this reservation, the persons mentioned in the
following paragraphs are entitled to reparation for the moral prejudice suffered:
(i)
As regards the beneficiaries of Norbert Zongo, the victims are Zongo Somda,
Geneviéve
Arnold
(spouse);
Zongo
Guy
Bonaventure
(son); Zongo,
Judith
(daughter); Zongo
(son); Zongo,
Constant
Antoine
(son);
(son); and Nana
Zongo,
Augustine
(mother).
(ii) As
regards
the
beneficiaries
of Ernest
Zongo,
the
victim
is Yameogo,
Talba
Rosalie (mother).
(iii) As for the beneficiaries of Blaise Ilboudo, the victims are lloudo, Jonas (father); and
Yanogo, Deborah (mother).
(iv) As regards the beneficiaries of Abdoulaye Nikiéma alias Ablassé, the victims are
Quedraogo, Kouiliga (mother); and Nikiéma Abdoul Kader (son).
b) Proof of status of victim
51, Whereas, basically, apart from cases where marriage certificates have been adduced,
and the Applicants in some cases produced the birth certificates of beneficiaries;
or life
companion, or those determined by the Court based on the characteristics of the case and the existence
of some special relationship between the next-of-kin and the victim or the facts of the case"
"® See infra, para. 54