continued since its accession to the Optional Protocol, and have constituted continuing violations of the Covenant. They recall that they initiated judicial proceedings on 29 September 1997, within the 10-year statute of limitations, because of the authorities’ refusal to respect their obligations, and draw attention to the attitude of the authorities, who endeavoured to obstruct or delay their appeals. 5.6 The authors consider that the Court of Appeal was tardy in handing down its decision of 26 January 2000, after their counsel had served a notice to perform. They recall that following that decision declaring the ordinary courts incompetent, the authorities concerned refused or omitted to refer the case to the Ministry of Defence in order that proceedings might be brought in the military courts, as provided for in article 71 (1) and (3) of the Code of Military Justice. On 27 January 2000, therefore, the authors lodged an appeal with the Supreme Court challenging the validity of the decision of the Court of Appeal. 5.7 According to the authors, when they lodged the appeal with the Supreme Court on 27 January 2000, the registrar refused or wilfully omitted to give the counsel formal notification of the requirements laid down in article 110 of order No. 91-0051/PRES of 26 August 1991. He also omitted to ascertain whether article 111 of that order10 applied, in other words to ascertain the age of Auguste Sankara in order to determine whether he was a minor. By its decision of 19 June 2001, the Supreme Court refused or wilfully omitted to remedy the registrar’s violations and to verify proprio motu the age of Auguste Sankara, who, having been born on 21 September 1982, was in fact a minor when the appeal was lodged—thus committing two separate violations of Auguste Sankara’s rights under article 16 of the Covenant. In addition, the authors draw attention to the fact that counsel were not allowed to pay 5,000 CFA francs when making their application, and that the Supreme Court refused to examine the case on the merits, on the sole grounds that payment of 5,000 CFA francs 11 was required, and hence to permit continuation of the proceedings. 5.8 The authors again refer to the authorities’ wilful failures to act at various stages of the proceedings, namely, their failure to refer the matter to the Minister of Defence in order that proceedings might go ahead before a military court, when in fact such an action is required under the abovementioned article 71 (3). 5.9 As to the exhaustion of domestic remedies, the authors, referring to the Committee’s jurisprudence, 12 state that the Covenant requires criminal proceedings to be initiated at the national level in the case of serious violations, and in particular unlawful deaths. As the State wilfully omitted or refused to initiate any form of inquiry or civil, criminal or military proceedings, the authors explain that they then lodged a complaint against a person or persons unknown in connection with the death of Thomas Sankara and the rights of his family, in so far as that was the only domestic remedy available in respect of the alleged violations. They recall that they were unable to initiate such proceedings before the military courts under article 71 (3) of the Code of Military Justice. On the basis of the Committee’s jurisprudence, 13 the authors maintain that none of the remedies mentioned by the State party may be regarded as effective, given their purely disciplinary or administrative nature, and the fact that they are not legally binding on the public authorities (in the case of non-contentious remedies) and cannot provide an effective remedy for alleged serious violations (in the case of contentious remedies). As to domestic remedies for denial of justice, the authors, citing the Committee’s jurisprudence,14 consider that it is incumbent on the Committee to determine whether the Supreme Court violated its obligations of independence and impartiality, and that they could not, at the time of their appeal, know in advance what action the Court would take. In their opinion, the application for disqualification of the President of the Supreme Court could not constitute an effective recourse in that it would not remedy the irreversible effects of the Court’s decision, which is not appealable. With regard to the appeal of 20 September 2002 concerning the failure to produce the body of Thomas Sankara, the authors state that the purpose of that appeal was to obtain direct evidence concerning the circumstances of the victim’s death, and that the appeal could not remedy the alleged violations vis-à-vis the members of his family. The authors add that the only effective and adequate remedy for the family members was exhausted by the Supreme Court decision of 19 June 2001. Lastly, 12 Communications Nos. 563/1993, Nydia Bautista de Arellana v. Colombia, Views of 27 October 1995, 612/1995, Vicente v. Colombia, Views of 29 July 1997, and 778/1997, Coronel v. Colombia, Views of 24 October 2002. 13 Communication No. 612/1995, Vicente v. Colombia, Views of 29 July 1997. 14 Communication No. 886/1999, Schedko et al. v. Belarus, Views of 3 April 2003. 10 Article 111 of order No. 91-0051/PRES of 26 August 1991: “The following are nevertheless exempted from payment of a bond: persons sentenced to ordinary imprisonment or light imprisonment; persons who are in receipt of, or have requested, legal aid; minors under the age of 18.” 11 Equivalent to approximately 7.6 euros, according to the authors. 125 125