know the circumstances of his death, 34 and the
Committee points out that any complaint relating to
acts prohibited under article 7 of the Covenant must
be investigated rapidly and impartially by the
competent authorities.35 In addition, the Committee
notes, as it did during its deliberations on
admissibility, the failure to correct Thomas
Sankara’s death certificate of 17 January 1988,
which records a natural death contrary to the
publicly known facts, which have been confirmed by
the State party. The Committee considers that the
refusal to conduct an investigation into the death of
Thomas Sankara, the lack of official recognition of
his place of burial and the failure to correct the death
certificate constitute inhuman treatment of
Ms. Sankara and her sons, in breach of article 7 of
the Covenant.
12.3 Concerning the alleged violation of article 9,
paragraph 1, of the Covenant, the Committee recalls
its jurisprudence to the effect that the right to
security of person guaranteed in article 9, paragraph
1, of the Covenant applies even outside the context
of formal deprivation of liberty.36 The interpretation
of article 9 does not allow a State party to ignore
threats to the personal security of non-detained
persons within its jurisdiction.37 In the present case,
individuals shot and killed Thomas Sankara on 15
October 1987, and, fearing for their safety, his wife
and children left Burkina Faso shortly thereafter.
However, the arguments put forward by the authors
are not sufficient to reveal a violation of article 9,
paragraph 1, of the Covenant.
12.4 Concerning the alleged violation of article 14,
paragraph 1, of the Covenant, while the authors’
request for public inquiry and legal proceedings do
not need to be determined by a court or tribunal, the
Committee considers however that whenever, as in
the present case, a judicial body is entrusted with the
task of deciding on the start of such inquiry and
proceedings, it must respect the guarantee of
equality of all persons before the courts and tribunals
as enshrined in article 14, paragraph 1, and the
principles of impartiality, fairness and equality of
arms implicit in this guarantee.38
34
Communication No. 107/1981, Quinteros v. Uruguay,
Views of 21 July 1983, para. 14.
35
General comment No. 20, para. 14.
36
Communications Nos. 195/1985, Delgado Páez v.
Colombia, Views of 12 July 1990, para. 5.5, and
711/1996, Carlos Dias v. Angola, Views of 20 March
2000, para. 8.3.
37
Communications Nos. 821/1998, Chongwe v. Zambia,
Views of 25 October 2000, para. 5.3, and 468/1991,
Bahamonde v. Equatorial Guinea, Views of 20 October
1993, para. 9.2.
38
Communication No. 1015/2001, Perterer v. Austria,
decision of 20 July 2004 on inadmissibility, para. 9.2.
12.5 The Committee notes the authors’ arguments
regarding the non-respect of the guarantee of
equality by the Supreme Court when it rejected the
appeal on the grounds of failure to deposit security
of 5,000 CFA francs, and its refusal to take into
account Auguste Sankara’s status as a minor. It
appears, firstly, that the State party did not contest
the claim that, contrary to article 110 of order
No. 91-51 of 26 August 1991, the registrar failed to
inform counsel of the obligation to deposit the sum
of 5,000 CFA francs as security; and secondly, that
the Supreme Court ruling stating that the authors
provided no evidence in support of an exemption for
Auguste Sankara, as a minor, was unwarranted since
the authors were unaware that security was required
precisely because of the registrar’s failure to inform
them of the fact—a key point of which the Court
was fully aware. The Committee accordingly
considers that the Supreme Court failed to comply
with the obligation to respect the guarantee of
equality of all persons before the courts and tribunals
as enshrined in article 14, paragraph 1, of the
Covenant and the principles of impartiality, fairness
and equality of arms implicit in this guarantee.
12.6 The Committee notes that after the Supreme
Court adopted decision No. 46 of 19 June 2001,
confirming decision No. 14 in which the Appeal
Court declared the ordinary courts incompetent, the
relevant authorities refused or omitted to refer the
case to the Minister of Defence so that proceedings
could be instituted in the military courts in
accordance with article 71 (1) and (3) of the Code of
Military Justice. The Committee also refers to its
deliberations on admissibility and the conclusion it
reached that the Procurator wrongly halted the
proceedings instituted by the authors and in addition
failed to respond to their appeal of 25 July 2001.
Lastly, the Committee notes that after the ordinary
courts were declared incompetent, almost five years
passed, but no judicial proceedings were instituted
by the Minister of Defence. The State party was
unable to explain these delays, and on this point the
Committee considers that, contrary to the State
party’s arguments, no time bar could invalidate
proceedings in a military court, and consequently the
failure to refer the matter to the Minister of Defence
should be attributed to the Procurator, who alone had
the power to do so. The Committee considers that
this inaction since 2001, despite the various
remedies sought subsequently by the authors,
constitutes a violation of the obligation to respect the
guarantee of equality of all persons before the courts
and tribunals as enshrined in article 14, paragraph 1,
and the principles of impartiality, fairness and
equality of arms implicit in this guarantee.
12.7 Concerning the alleged violation of article 26
of the Covenant, the Committee considers that the
arguments put forward by the authors concerning the
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