with respect to article 7 23 and article 9, paragraph 1,24 of the Covenant. 6.11 Concerning the complaint of a violation of article 16 of the Covenant, the Committee considered that the authors’ allegations did not fall within the scope of this article, but might raise issues with regard to article 14, paragraph 1. 6.12 On the question of the complaints under article 14, paragraph 1, and article 26 of the Covenant (cf. para. 3.1), the Committee considered that these allegations had been sufficiently substantiated for purposes of admissibility. The Human Rights Committee therefore decided that the communication was admissible under articles 7, 9, paragraph 1, 14, paragraph 1, and 26 of the Covenant. State party’s observations on the merits 7.1 On 27 September 2004, the State party forwarded its observations on the merits. It considers that in its decision on admissibility, the Committee, by recharacterizing some of the authors’ allegations, prejudged its decision on the merits and ignored the principle of the presumption of innocence. The State party reiterates that the use of domestic remedies by the author was characterized by wilful omissions which constitute an abuse of the procedure under the Optional Protocol. 7.2 Concerning the allegation under article 2, paragraph 1, and article 26 of the Covenant, the State party considers that the authors have not demonstrated that the Sankara family suffered discrimination because of their political views. The authors cannot cite their lack of success in the judicial proceedings as evidence of such discrimination since they are not active in any political party in Burkina Faso, do not live there and play no direct part in national political life. In any event, in the view of the State party, the authors cannot validly claim a violation of article 2, paragraph 1, of the Covenant because at the time the Covenant and the Optional Protocol entered into force for Burkina Faso in April 1999, the State party could no longer legally institute an investigation into the death of Thomas Sankara. The State party maintains that, since all legal action regarding this matter has been time-barred since 15 October 1997, no continuing violation of the Covenant can be alleged, unless it were to be considered that domestic law became invalid on the entry into force of the Covenant for Burkina Faso, which is not the case. 7.3 With regard to the alleged violation of article 2, paragraph 3, of the Covenant, the State party considers that the Committee has indicated a preference for contentious remedies (para. 6.4), whereas the possibility of the use of non-contentious remedies cannot be ruled out. The State party explains that in practice these procedures can often prove more effective than contentious procedures. It enumerates the non-contentious remedies available in Burkina Faso, which are effective remedies, and which have in most cases proved more important and more effective than contentious remedies, but which the authors refused to pursue (cf. para. 4.6). The State party holds that contentious remedies are also effective, but that the Sankara family expected “special justice” because of its history, in breach of the principle of equality before the law and justice. 7.4 Concerning the alleged violation of article 6, paragraph 1, of the Covenant, the State party explains that legally Thomas Sankara’s death certificate is an administrative document, and that it was incumbent on the Sankara family, in keeping with the current legislation, to apply to the competent administrative court to have it cancelled or corrected. The State party also considers that the failure to correct the death certificate does not in itself constitute a violation of the right to life. 7.5 Concerning the alleged violation of article 14, paragraph 1, of the Covenant, the State party outlines its legislation guaranteeing the independence of the judicial system. It also maintains that in the present case the authors have not demonstrated that the judges were biased. Thus the judge in the court of first instance has discretion to set the amount of the bond in the light of the circumstances of the case. Setting the amount at 1 million CFA francs cannot by itself indicate bias in the judge’s decision, since the amount varies with the importance of the case and the parties involved. The State party claims that this amount is in no way exceptional in the context of the customary practice of courts in Burkina Faso. 25 As for the deposit of security at the appeal stage, which stands at 5,000 CFA francs, payment is legally mandatory for all persons lodging an appeal, failing which the application is inadmissible. According to the State party, the authors, having omitted to comply with this formality, cannot allege or presume bias on the part of the judges. The State party also considers that citing the political links of the President of the Appeal Court cannot stand up to examination, in view of the fact that the Appeal Court’s decisions are in any event collective, and that the complainant was 23 Communications Nos. 950/2000, Sarma v. Sri Lanka, Views of 16 July 2003, and 886/1999, Schedko v. Belarus, Views of 3 April 2003. 24 Communication No. 821/1998, Chongwe v. Zambia, Views of 25 October 2000. 128 128 25 As an example, the State party mentions a bond in the amount of 1.5 million CFA francs deposited in the case Fonds Chrétien de l’Enfance Canada (FCC) v. Batiano Célestin in 1997.