nikiema and others c republique du burkina faso requete n 0132011 2014 afchpr 125 24 juin 2014

nikiema and others c republique du burkina faso requete n 0132011 2014 afchpr 125 24 juin 2014

The Court found that the domestic proceedings in Burkina Faso concerning the assassination of Norbert Zongo and his companions were unduly prolonged (almost eight years), lacked due diligence, and failed to pursue all reasonable investigative leads. This constituted a violation of the right to a fair trial and...

Source-derived case information.

Citation
nikiema and others c republique du burkina faso requete n 0132011 2014 afchpr 125 24 juin 2014
Parties
Applicant: Ayants droit de feus Norbert Zongo, Abdoulaye Nikiema dit Ablassé, Ernest Zongo et Blaise Ilboudo; Applicant: Mouvement Burkinabè des Droits de l'Homme et des Peuples (MBDHP); Respondent: Burkina Faso
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Human Rights Complaint Before the African Court on Human and Peoples' Rights / Merits Judgment
Outcome
Partial finding of violations; reparations phase reserved.
Legal Topics
Right to a Fair Trial, Right to Effective Remedy, Freedom of Expression, Protection of Journalists, State Obligations Under Human Rights Treaties
Source Language
en
Human Rights Law International Law Right to a Fair Trial Right to Effective Remedy Freedom of Expression Protection of Journalists State Obligations Under Human Rights Treaties

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Parties

Ayants droit de feus Norbert Zongo, Abdoulaye Nikiema dit Ablassé, Ernest Zongo et Blaise Ilboudo

Applicant

Mouvement Burkinabè des Droits de l'Homme et des Peuples (MBDHP)

Applicant

Burkina Faso

Respondent

Procedural Posture

Human Rights Complaint Before the African Court on Human and Peoples' Rights / Merits Judgment

  1. 1 Whether Burkina Faso violated the right to a fair trial and effective remedy under the African Charter and other instruments
  2. 2 Whether the State failed to act with due diligence in investigating and prosecuting the assassination of Norbert Zongo and companions
  3. 3 Whether there was a violation of the right to equal protection of the law and freedom of expression, particularly regarding journalists

Ratio Decidendi

The Court found that the domestic proceedings in Burkina Faso concerning the assassination of Norbert Zongo and his companions were unduly prolonged (almost eight years), lacked due diligence, and failed to pursue all reasonable investigative leads. This constituted a violation of the right to a fair trial and effective remedy under Article 7 of the African Charter. The State also failed to take appropriate non-legislative measures to guarantee these rights, violating Article 1. The failure to diligently investigate and prosecute the assassination of a journalist further violated the right to freedom of expression of journalists under Article 9 of the Charter, read with Article 66(2)(c)...

Court Disposition

Partial finding of violations; reparations phase reserved.

Orders

  • The Court declared itself competent except for the right to life allegation.
  • The Court rejected the State's objection on non-exhaustion of domestic remedies and declared the application admissible.