A/69/44
investigated promptly and impartially, that the perpetrators are prosecuted and the
victims compensated.
Case of Moussa Dadis Camara
(13) The Committee takes note of the information concerning the absence of any request
from Guinea for the extradition of Moussa Dadis Camara, the former President of that
country, for whom, according to the findings of the international Commission of Inquiry for
Guinea established by the Secretary-General in October 2009, there are sufficient grounds
for the presumption of direct criminal responsibility, inter alia for the massacre and torture
of demonstrators in Conakry during the events of 28 September 2009 (S/2009/693, annex,
paras. 118 to 125 and 215). The Committee is concerned about the fact that the head of the
delegation of the State party maintained that in the absence of an extradition request,
Burkina Faso was not competent to prosecute Mr. Camara. The Committee considers that
such a position is inconsistent with article 6, paragraph 1, of the Convention, which calls
for States parties to conduct criminal proceedings or extradite any person accused of acts of
torture (arts. 6 and 7).
In the absence of an extradition request, the State party should prosecute all persons
responsible for acts of torture or other international crimes who are present in its
territory, including the former President, Moussa Dadis Camara, in keeping with its
obligations under the Convention and the other international instruments that the
State party has ratified. The State party should cooperate with Guinea in the
framework of the international request for judicial assistance that it has issued so as
to allow judges in Burkina Faso to question Mr. Camara about the massacre in which
he was allegedly involved.
Direct application of the Convention by the domestic courts
(14) The Committee regrets the lack of information about the direct application of the
Convention by the domestic courts, having regard to article 151 of the Constitution, which
states that international treaties ratified by Burkina Faso take precedence over domestic
laws. It regrets that no information has been provided about cases where the Convention
has been invoked or applied by the State party’s courts (arts. 2 and 12).
The State party should continue to provide training on the Convention that is targeted
in particular at judges, magistrates, prosecutors and lawyers and designed to
familiarize them with the provisions of the Convention which they will be able to
invoke directly in court. The State party should compile and provide information
about specific cases where the Convention has been directly invoked or applied.
National Human Rights Commission
(15) Notwithstanding the efforts made by the State party to adopt a law establishing the
National Human Rights Commission, the Committee regrets that the Commission’s
accreditation with the International Coordinating Committee of National Institutions for the
Promotion and Protection of Human Rights has expired. The Committee is concerned about
the lack of resources that prevent the Commission from being operational (art. 2).
The State party should establish a separate budget for the Commission to allow it to
function properly and to guarantee its independence. The State party should ensure
that the Commission has sufficient human and financial resources to carry out its
mandate, in conformity with the Paris Principles (General Assembly resolution 48/134
of 20 December 1993, annex). It should also request accreditation for the Commission
from the International Coordinating Committee of National Institutions for the
Promotion and Protection of Human Rights.
GE.14-12596
29
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