Mouvement Burkinabe des Droits de L'homme et des Peuples v Burkina Faso (Communication 204 of 1997) [2001] ACHPR 32 (7 May 2001)

Key Facts

Issues

• The Commission assessed whether the state violated the prohibition against torture and inhuman treatment under Article 5 of the African Charter by perpetrating forced disappearances, such as those of Mr. Guillaume Sessouma and Dabo Boukary, and failing to address these violations.
• The Commission examined whether the state violated the right to leave under Article 12(2) of the African Charter by preventing Mr. Nongma Ernest Ouédraogo from leaving the country in 1995 without a valid legal reason, thereby infringing on his freedom of movement.
• The Commission considered whether the Republic of Burkina Faso violated the right to freedom of thought and religion under Article 6 of the African Charter. However, the complainant's allegations in this regard were not substantiated with sufficient evidence to establish a violation.
• The Commission addressed whether the state violated the right to a fair trial under Article 7(1)(d) of the African Charter by failing to process the magistrates' cases for over fifteen years without legal justification, thereby denying them a trial within a reasonable time.
• The Commission examined whether the state violated the right to life and physical integrity under Article 4 of the African Charter by committing assassinations, forced disappearances, and attacks on individuals, including the failure to investigate these incidents and hold perpetrators accountable.
• The Commission addressed whether the Republic of Burkina Faso violated the right to equality before the law under Article 3 of the African Charter by failing to process the judicial cases of suspended magistrates for over fifteen years, leading to a denial of justice and unequal protection under the law.

Holdings

• The Commission found the Republic of Burkina Faso in violation of Article 3 of the African Charter on Human and Peoples' Rights.
• The Commission found the Republic of Burkina Faso in violation of Article 7(1)(d) of the African Charter on Human and Peoples' Rights.
• The Commission found the Republic of Burkina Faso in violation of Article 6 of the African Charter on Human and Peoples' Rights.
• The Commission found the Republic of Burkina Faso in violation of Article 12(2) of the African Charter on Human and Peoples' Rights.
• The Commission found the Republic of Burkina Faso in violation of Article 5 of the African Charter on Human and Peoples' Rights.
• The Commission found the Republic of Burkina Faso in violation of Article 4 of the African Charter on Human and Peoples' Rights.

Remedies

• The Commission calls for the acceleration of the judicial process for all cases pending before the courts, particularly those involving the suspension and dismissal of magistrates in 1987 which remained unresolved for over fifteen years.
• The Commission recommends that Burkina Faso compensate all victims of the human rights violations detailed in the complaint, including Mr. Halidou Ouedraogo, Mr. Compaore Christophe, and others affected by assassinations, forced disappearances, and unlawful detention.
• The Commission recommends that the Republic of Burkina Faso identify and take to court those responsible for the human rights violations cited in the communication, including assassinations, forced disappearances, and attacks on physical integrity.

Legal Principles

• Violation of Article 7(1)(d) (right to a fair and timely trial) of the African Charter due to 15-year judicial delay in magistrate reinstatement cases.
• Violation of Article 3 (equality before the law) of the African Charter due to selective application of judicial rehabilitation measures and denial of justice.
• Violation of Article 4 (right to life) of the African Charter through failure to address assassinations, forced disappearances, and state violence against demonstrators.
• Violation of Article 5 (human dignity) and Article 6 (prohibition of torture) of the African Charter due to forced disappearances and lack of accountability for killings.
• Violation of Article 12(2) (freedom of movement) of the African Charter by preventing a political party secretary from leaving the country without lawful justification.

Precedent Name

• Communication 25/89
• Communication 56/93
• A. Pagnoule (for A. Mazou) /Cameroon
• Communication 100/93
• Communication 74/92
• Communication 47/90

Cited Statute

• African Charter on Human and Peoples' Rights
• Declaration on the Protection of all Persons against Forced Disappearances
• Fundamental Principles on the Independence of the Judiciary

Judge Name

• A. Badawi El Sheikh
• Jainaba Johm
• E.V.O. Dankwa
• Isaac Nguema
• J. Ondziel-Gnelenga
• Vera M. Chirwa
• K. Rezag-Bara
• H. Ben Salem
• A. Raganayi Chigovera
• N. Barney Pityana

Passage Text

• The Commission finds the Republic of Burkina Faso in violation of Articles 3, 4, 5, 6, 7(1)(d) and 12(2) of the African Charter.
• In conformity with its own jurisprudence which states that 'whenever allegations of human rights abuses are not contested by the accused State, ... the Commission shall decide on the basis of the facts provided by the plaintiff and treat such facts as they are presented to it' (See communications 25/89, 47/90, 56/93 and 100/93, para. 49). The Commission therefore applies the same reasoning to the facts related in the present communication.
• The Commission considers therefore that this is a violation of Articles 18 and 19 of the Fundamental Principles on the Independence of the Judiciary, adopted by the seventh United Nations Congress on Crime Prevention and the Treatment of Offenders, held from 26th August to 6th September 1985, and confirmed by the General Assembly in its Resolutions 40/32 of 29 November 1985 and 40/146 of 13th December 1985.