Communication No. 1159/2003
Submitted by: Mariam Sankara et al. (represented by counsel)
Alleged victim: Mariam, Philippe, Auguste and Thomas Sankara
State party: Burkina Faso
Date of adoption of Views: 28 March 2006
Subject matter: Failure to conduct a public inquiry or
legal proceedings following the assassination;
denial of justice based on political opinions
Procedural issues: Request for re-examination of the
admissibility decision of 9 March 2004
Substantive issues: Failure to conduct a public
inquiry or legal proceedings following the
assassination; inhuman treatment; failure to
correct a death certificate; denial of justice;
principle of “equality of arms”; right to be
heard by an independent and impartial court
within a reasonable period; right to security of
the person; discrimination based on political
opinions
Articles of the Covenant: 7; 9, para. 1; 14, para. 1;
and 26
Article of the Optional Protocol: 5, para. 1
Finding: Violation (arts. 7 and 14, para. 1)
1.1 The authors, Ms. Mariam Sankara (born on 26
March 1953 and residing in France) and her sons
Philippe (born on 10 August 1980 and residing in
France) and Auguste Sankara (born on 21 September
1982 and residing in France) are, respectively, the
wife and children of Mr. Thomas Sankara, former
President of Burkina Faso, who died on 15 October
1987. The authors state that they are acting on behalf
of Mr. Thomas Sankara and as victims themselves.
They allege violations by Burkina Faso of: article 6,
paragraph 1, of the Covenant in connection with
Thomas Sankara; articles 2, paragraphs 1 and 3 (a)
and (b), 14, paragraph 1, 17, 23, paragraph 1, and 26
of the Covenant in connection with Ms. Sankara and
her children; and also article 16 of the Covenant in
the case of Auguste Sankara. The authors are
represented by counsel, Vincent Valai and M. Milton
James Fernandes, of the Collectif Juridique
Internationale Justice pour Sankara.
1.2 The Covenant and the Optional Protocol
thereto entered into force for Burkina Faso on 4
April 1999.
Facts as presented by the authors
2.1 On 15 October 1987, Thomas Sankara,
President of Burkina Faso, was assassinated during a
coup d’état in Ouagadougou.
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2.2 From 1987 to 1997, the authorities did not,
according to the authors, conduct any inquiry into
this assassination. Moreover, on 17 January 1988, a
death certificate was issued, falsely stating that
Thomas Sankara had died of natural causes.
2.3 On 29 September 1997, within the 10-year
statute of limitations, Ms. Mariam Sankara, in her
capacity as spouse and on behalf of her two minor
children, lodged a complaint with the senior
examining judge in the Ouagadougou Tribunal de
Grande Instance against a person or persons
unknown for the assassination of Mr. Thomas
Sankara and also for the falsification of
administrative documents. On 9 October 1997, the
authors deposited a bond of 1 million CFA francs, in
accordance with the Code of Criminal Procedure.
2.4 On 29 January 1998, the Procurator-General
of Faso issued a direction not to commence a judicial
investigation, challenging the jurisdiction of the
ordinary courts on the grounds that the alleged
events occurred in a military establishment among
members of the armed forces and non-combatant
personnel, and that the death certificate had been
issued by the armed forces health service and signed
by a physician who had the rank of commander, and
was hence a member of the armed forces.
2.5 On 23 March 1998, by order No. 06/98, the
examining judge decided, on the contrary, that the
Ouagadougou Tribunal de Grande Instance was the
ordinary court competent to examine the case.1
1
The examining judge considered that, in accordance with
article 51 of the Code of Criminal Procedure, the
examination division of the Ouagadougou Tribunal de
Grande Instance had jurisdiction in the light of the
location of the crime and the fact that it was not timebarred. “[…] Considering that, in the present case, it was
not reported that the crime of premeditated murder in
question had taken place in a military establishment; that
even if this were true, it should be noted that the
perpetrator or perpetrators of this crime have not been
identified to date; that this, moreover, is the reason why
the complaint was lodged against a person or persons
unknown; that consequently, in the present circumstances,
it would be very hazardous, without having previously
identified the perpetrators, to conclude that they were
members of the armed forces; that even if the person
responsible for issuing a false administrative document
had military status, it should be pointed out that this
second offence is subsidiarily linked to the first, namely
premeditated murder, in the sense that its existence
depends on the existence of the first, which is the principal
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