not die a natural death and that a number of public
figures were aware of the circumstances surrounding
the events of 15 October 1987.
Blaise Compaoré in the death of Thomas Sankara
will be vital in throwing light on the events of 15
October 1987.
8.2 Consequently, the authors first request the
Committee to declare admissible the allegation
under article 6 of the Covenant, a provision which
obliges the State party to investigate and prosecute
those responsible for violations of Thomas Sankara’s
right to life, and to respect and guarantee Thomas
Sankara’s right to life. 27 According to the authors,
the State party’s obligation to protect the human
dignity of Thomas Sankara continues after his
death.28 The failure to comply with the obligation to
establish the circumstances of the acknowledged
extrajudicial death of an individual is an affront to
human dignity. In the light of the evidence that
Mr. Sankara did not experience a natural death,
notwithstanding his death certificate, but was in fact
assassinated during a coup d’état, the authors deem it
vital for the State party to protect his dignity by
embarking on a judicial investigation and
determining the circumstances of his death, and then
correcting the death certificate.
8.5 The authors point out that the State party
violated article 26 of the Covenant, protecting the
right to equality before the law and to freedom from
discrimination based on political opinions. Contrary
to the State party’s observations, the authors explain
that a person may have a political opinion, even if he
or she no longer lives in Burkina Faso, and is not
involved in politics. The authors consider that the
State party has not presented sufficient legal
arguments to refute their detailed allegations.
Moreover, the State party had noted that the
surviving members of the Sankara family had been
granted refugee status abroad. The granting of that
status, in the authors’ view, constitutes prima facie
proof of the existence of discrimination based on
political opinions in the country of origin. According
to the authors, the State party’s allegations that the
Sankara family wished to benefit from special
treatment in the Burkina Faso courts demonstrated a
failure to understand the nature of the discrimination
they had suffered, namely, the deliberate unfair
treatment suffered by the authors in their dealings
with a variety of official bodies in Burkina Faso.
8.3 Secondly, the authors call on the Committee
to declare admissible the allegation under article 16,
on the grounds that the State party did not supply a
copy of Supreme Court decision No. 46 of 19 June
2001 or did not recognize the authenticity of the
copy they themselves submitted. The authors
reiterate that the Supreme Court arbitrarily denied
Auguste Sankara’s right to be recognized as a person
before the law. According to the authors, since the
provisions of article 111 of order No. 91-0051/PRES
of 26 August 1991 relating to minors are mandatory,
it was incumbent on the Supreme Court to note
proprio motu the status of Auguste Sankara as a
minor, to grant him exemption from the bond
requirement and thus to grant him the right of access
to the courts. In addition, the authors point out that
when the right of a person to be recognized by the
law is violated, article 14 of the Covenant is
necessarily violated.
8.4 The authors also reiterate their comments
relating to violations of articles 7 and 9, paragraph 1,
by the State party. They emphasize that the State
party’s response to the above-mentioned new
elements relating to the role played by President
27
The authors cite communications Nos. 161/1983,
Herrera Rubio v. Colombia, Views of 2 November 1987,
and 778/1997, Coronel et al. v. Colombia, Views of 24
October 2002.
28
The authors refer to communications Nos. 1024/2001,
Sanlés Sanlés v. Spain, decision of 30 March 2004 on
inadmissibility, and 717/1996, Acuña Inostroza et al. v.
Chile, decision of 23 July 1999 on inadmissibility, and to
the individual opinions on communication No. 718/1996,
Vargas Vargas v. Chile, decision of 26 July 1999 on
inadmissibility.
8.6 In relation to article 14, paragraph 1, of the
Covenant, the authors point out that the Supreme
Court was guilty of a denial of justice in adopting its
decision No. 46 of 19 June 2001, which the State
party has still not supplied. The Committee’s
jurisprudence confirms that a decision taken by a
country’s highest court can in itself be the source of
an alleged denial of justice. 29 The authors
acknowledge that the Committee has no independent
machinery which could conduct an investigation,
and is generally not in a position to review the
evidence and the facts as assessed by domestic
courts. However, the authors refer to the exception
to that rule set out in the case Griffin v. Spain.30 In
the authors’ view, the Supreme Court displayed a
lack of logic when it invoked the failure to pay the
modest sum of 5,000 CFA francs in refusing to
consider the merits of a case.
Supplementary observations by the State party on
the authors’ comments
9.1 In its supplementary observations of 15
October 2005, the State party reiterates its
observations concerning inadmissibility. According
29
Communication No. 718/1996, Vargas Vargas v. Chile,
decision of 26 July 1999 on inadmissibility, para. 6.7.
Communication No. 493/1992, Griffin v. Spain, Views
of 4 April 1995: “… unless it can be ascertained that the
proceedings were manifestly arbitrary, that there were
procedural irregularities amounting to a denial of justice,
or that the judge manifestly violated his obligation of
impartiality” [para. 9.6].
30
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