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treatment by an independent and impartial body, that the perpetrators are prosecuted
and, if convicted, are given sentences that are in proportion with the gravity of the
offence, and that the victims or their families receive appropriate compensation and
redress;
(b)
Investigate the individual cases mentioned by the Committee and inform
the Committee of the outcome of investigations undertaken and of criminal or
disciplinary proceedings; and
(c)
Take steps to prevent hazing of any kind in the army and ensure that all
complaints about hazing or deaths of recruits in non-combat situations are
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
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