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Mouvement Burkinabe des Droits de L'homme et des Peuples v Burkina Faso (Communication 204 of 1997)

African Commission on Human and Peoples' Rights · [2001] ACHPR 32 · 2001 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights communication before the African Commission on Human and Peoples' Rights alleging multiple violations of the African Charter by Burkina Faso
Decision
Communication upheld; Burkina Faso ordered to prosecute perpetrators, expedite pending cases, and compensate victims

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found Burkina Faso in violation of Articles 3, 4, 5, 6, 7(1)(d), and 12(2) of the African Charter. The selective application of an amnesty measure to dismissed magistrates and the fifteen-year delay in deciding their case violated equality before the law and the right to trial within a reasonable time. The State's failure to investigate assassinations, forced disappearances, and attacks, or to identify and prosecute perpetrators, violated the right to life and physical integrity. Preventing an individual from leaving the country without lawful justification violated freedom of movement. The Commission ordered Burkina Faso to prosecute those responsible, accelerate pending cases, and compensate victims.

Outcome

Communication upheld; Burkina Faso ordered to prosecute perpetrators, expedite pending cases, and compensate victims

Facts

The Mouvement Burkinabé des Droits de l'Homme et des Peuples (MBDHP), through its Chairman Halidou Ouedraogo, alleged systematic human rights violations in Burkina Faso from 1983 to 1997. In 1987, magistrates including Ouedraogo and Christophe Compaoré were dismissed. A subsequent amnesty measure reinstated some workers but excluded these two magistrates. Their case remained undecided before the Supreme Court for fifteen years. The communication documented assassinations, forced disappearances, attacks on individuals, and intimidation. Specific incidents included the 1991 destruction of Ouedraogo's vehicle by ruling party militants, a 1994 assassination attempt against him, the 1995 killing of two students by a gendarme in Garango, the disappearance of Guillaume Sessouma in 1989 and medical student Dabo Boukary in 1990, and the 1991 assassination of Professor Clement Oumarou Ouedraogo. In 1995, Mr. Nongma Ernest Ouédraogo was prevented from leaving the country. MBDHP submitted complaints to Burkinabe authorities without response. The Commission declared the communication admissible after both parties initially sought amicable settlement but made no progress.

Issues

  1. Whether Burkina Faso violated the right to equality before the law by selectively applying an amnesty and rehabilitation measure to magistrates dismissed in 1987.
  2. Whether the fifteen-year delay in deciding the complainants' case before the Supreme Court constituted a denial of justice and violation of the right to be tried within a reasonable time.
  3. Whether Burkina Faso violated the right to life and physical integrity by failing to investigate and prosecute assassinations, forced disappearances, and attacks on individuals.
  4. Whether the State's failure to publish results of commissions of enquiry and identify perpetrators of human rights violations constituted a breach of its obligations under the African Charter.
  5. Whether the prevention of Mr. Nongma Ernest Ouédraogo from leaving the country violated the right to freedom of movement.
  6. Whether violations of Articles 8, 9(2), 10, 11, and 13(2) of the African Charter were established on the facts.

Orders

  • The Republic of Burkina Faso is found in violation of Articles 3, 4, 5, 6, 7(1)(d) and 12(2) of the African Charter.
  • Burkina Faso shall identify and take to court those responsible for the human rights violations.
  • Burkina Faso shall accelerate the judicial process of the cases pending before the courts.
  • Burkina Faso shall compensate the victims of the human rights violations stated in the complaint.

Rules and key headnotes

State Obligations — Duty to Investigate and Prosecute Human Rights Violations
A State Party to the African Charter that fails to ensure respect for the rights contained in the Charter commits a violation of the Charter, even if the State or its agents were not the direct perpetrators of the violation.
Right to Equality Before the Law — Selective Application of Amnesty Measures
The selective application of an amnesty and rehabilitation measure, where some dismissed workers are reinstated while others in identical circumstances are excluded without legal justification, violates the right to equality before the law under Article 3 of the African Charter.
Right to Fair Trial — Unreasonable Delay in Judicial Proceedings
A delay of fifteen years without any action being taken on a case or any decision being made on the fate of the concerned persons or the relief sought constitutes a denial of justice and violates Article 7(1)(d) of the African Charter, which guarantees the right to be tried within a reasonable time.
Right to Life — State Duty to Investigate Assassinations and Disappearances
Where a State fails to publish the results of commissions of enquiry into assassinations, fails to identify perpetrators, and takes no measures against them, the State violates Article 4 of the African Charter guaranteeing the right to life and the inviolability of the human person.
Forced Disappearances — Violation of Multiple Charter Rights
Forced disappearances of persons suspected or accused of plotting against State authorities constitute violations of Articles 4, 5, and 6 of the African Charter, as they exclude victims from the protection of the law, cause grave suffering, and violate the right to recognition of legal status, freedom, security, and protection from torture or inhuman treatment.
Use of Force Against Demonstrators — Duty to Minimise Harm
Public authorities possess adequate means to disperse crowds and those responsible for public order must make an effort to cause only the barest minimum of damage and violation of physical integrity, and to respect and preserve human life, even when demonstrations are not authorised by competent administrative authorities.
Freedom of Movement — Restrictions Must Be Justified by Law
Preventing an individual from leaving the national territory without demonstrating any threat to public security or morality that the journey or the person could represent violates Article 12(2) of the African Charter guaranteeing the right to leave any country and return.

Legislation cited (14)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 8
  • African Charter on Human and Peoples' Rights Article 9(2)
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 12(2)
  • African Charter on Human and Peoples' Rights Article 13(2)
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56(5)

Cases cited (3)

  • A. Pagnoule (for A. Mazou) v Cameroon (Communication 39 of 1990)
  • communications 25/89, 47/90, 56/93 and 100/93, para. 49
  • communication 74/92, para. 35

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Mouvement Burkinabe des Droits de L'homme et des Peuples v Burkina Faso (Communication 204 of 1997) [2001] ACHPR 32 (7 May 2001)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.