A/69/44 investigated promptly and impartially, that the perpetrators are prosecuted and the victims compensated. Case of Moussa Dadis Camara (13) The Committee takes note of the information concerning the absence of any request from Guinea for the extradition of Moussa Dadis Camara, the former President of that country, for whom, according to the findings of the international Commission of Inquiry for Guinea established by the Secretary-General in October 2009, there are sufficient grounds for the presumption of direct criminal responsibility, inter alia for the massacre and torture of demonstrators in Conakry during the events of 28 September 2009 (S/2009/693, annex, paras. 118 to 125 and 215). The Committee is concerned about the fact that the head of the delegation of the State party maintained that in the absence of an extradition request, Burkina Faso was not competent to prosecute Mr. Camara. The Committee considers that such a position is inconsistent with article 6, paragraph 1, of the Convention, which calls for States parties to conduct criminal proceedings or extradite any person accused of acts of torture (arts. 6 and 7). In the absence of an extradition request, the State party should prosecute all persons responsible for acts of torture or other international crimes who are present in its territory, including the former President, Moussa Dadis Camara, in keeping with its obligations under the Convention and the other international instruments that the State party has ratified. The State party should cooperate with Guinea in the framework of the international request for judicial assistance that it has issued so as to allow judges in Burkina Faso to question Mr. Camara about the massacre in which he was allegedly involved. Direct application of the Convention by the domestic courts (14) The Committee regrets the lack of information about the direct application of the Convention by the domestic courts, having regard to article 151 of the Constitution, which states that international treaties ratified by Burkina Faso take precedence over domestic laws. It regrets that no information has been provided about cases where the Convention has been invoked or applied by the State party’s courts (arts. 2 and 12). The State party should continue to provide training on the Convention that is targeted in particular at judges, magistrates, prosecutors and lawyers and designed to familiarize them with the provisions of the Convention which they will be able to invoke directly in court. The State party should compile and provide information about specific cases where the Convention has been directly invoked or applied. National Human Rights Commission (15) Notwithstanding the efforts made by the State party to adopt a law establishing the National Human Rights Commission, the Committee regrets that the Commission’s accreditation with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights has expired. The Committee is concerned about the lack of resources that prevent the Commission from being operational (art. 2). The State party should establish a separate budget for the Commission to allow it to function properly and to guarantee its independence. The State party should ensure that the Commission has sufficient human and financial resources to carry out its mandate, in conformity with the Paris Principles (General Assembly resolution 48/134 of 20 December 1993, annex). It should also request accreditation for the Commission from the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. GE.14-12596 29

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