to the State party, neither the failure to conduct an
investigation, nor the alleged failure to correct the
death certificate, nor the invoking of the violation of
Thomas Sankara’s dignity, can justify applying the
provisions of the Covenant in respect of him
retroactively, since there is no continuity in the
events over time, and to do so would run totally
counter to the principles of public international law.
The State party maintains the argument of
prescription to justify the fact that no investigation
has been held since the Covenant entered into force.
Furthermore, in bringing the case before a court
which was manifestly incompetent to consider it, the
authors brought on prescription by their own actions,
since referral to an incompetent court does not
interrupt the statute of limitations. In that way, it was
not incumbent on the State party to institute
proceedings after the Covenant had entered into
force. In the present case, since the author of the
communication had not indicated any act attributable
to the State party which had been committed
subsequently or had continued after the entry into
force of the Covenant, the Committee could not
validly rule on the facts without ignoring its own
jurisprudence and a well-established international
rule. Regarding the author’s allegations that the last
investigative action was taken on 29 September
1997, providing grounds for suspending the statute
of limitations, the State party considers this to be a
“pernicious interpretation” of article 7 of the Code of
Criminal Procedure: the institution of proceedings is
not an investigative act, because it is not brought
before a competent court.
9.2 Concerning the allegations that the State party
omitted or refused to correct Thomas Sankara’s
death certificate, before and after acceding to the
Optional Protocol, the State party explains that the
death certificate is no more than an act of recording
by an expert, and not a civil registration document.
A document prepared by an expert can be rectified
or corrected only by an expert, a role the State party
could not play, and the responsibility of an expert is
and remains an individual and personal
responsibility. Hence the failure to correct the death
certificate cannot bring into play the responsibility of
the State party.
9.3 The State party maintains that the authors’
assertions regarding violation of the dignity of
Thomas Sankara, allegedly constituting a continuing
violation, are not substantiated and do not point to
violations of the provisions of the Covenant.
Sympathizers regularly visit Thomas Sankara’s
grave to pay tribute, he himself has been officially
rehabilitated and honoured as a national hero, a
number of political parties which are still
represented in the National Assembly bear his name,
and a heroes’ monument is under construction in
Ouagadougou, partly celebrating Thomas Sankara.
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In addition, according to the State party, the
protection of dignity under the Covenant guarantees
only the rights of living persons, and not the dead.
Consequently, the allegation that Thomas Sankara’s
right to dignity has been violated is manifestly
unfounded.
9.4 Concerning the alleged admissions of legal
significance made by the State party in connection
with Thomas Sankara’s status as a victim, the State
party notes the flimsiness of these observations and
considers that the Committee should reaffirm its
initial position regarding the inadmissibility of this
part of the complaint.
9.5 In the view of the State party, the authors’
observations demonstrate that the requirements for
admissibility before the Committee have not all been
met in this case, in relation to the Committee’s
partial decision on admissibility. The State party
requests the Committee to reconsider its
admissibility decision. Not only have not all
remedies been exhausted in relation to all their
allegations, but in addition the allegations reflect an
abuse of rights and abuse of process and are
manifestly incompatible with the provisions of the
Covenant.
9.6 The State party reaffirms that it has
demonstrated the effectiveness of non-contentious
remedies in the specific case of Burkina Faso, in the
prevailing political and social context. The authors
have not denied that these remedies are effective,
and do not explain their steadfast refusal to make use
of non-contentious remedies. The State party also
reiterates that the authors have failed to use certain
contentious remedies. It refers to its observations on
admissibility, and in particular to article 123 of the
Personal and Family Code, under which they could
secure correction of the death certificate. Lastly, the
State party maintains that Ms. Sankara, through
negligence or ignorance, committed procedural
errors which prevented consideration of the
substance of her complaint, and it refers to its
observations on admissibility.
9.7 In relation to abuse of process, the State party
maintains that the complaints raised by the authors
are more political than legal in nature, and are in fact
directed at the country’s President.
9.8 The State party puts forward the following
arguments as to the merits. Regarding the alleged
violation of article 2, the State party considers that
these violations cannot have occurred in the present
case, but if the Committee were to acknowledge
such an obligation, the State party is prepared to
present relevant arguments. Concerning the alleged
violation of article 7, the State party holds that any
accusation of cruel, inhuman and degrading
treatment cannot be validly upheld in fact or in law,
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