AFRICAN UNION

UNION AFRICAINE UNIO AFRICANA

AFRICAN COURT ON HUMAN AND PEOPLES RIGHTS COUR AFRICAINE DES DROITS DE LHOMME ET DES PEUPLES P.O Box 6274 Arusha, Tanzania Telephone: +255 732 979 551 Fax. +255 732 979 503 Web site www.african-court.org Email. registrar@african-court.org

PRESS RELEASE

No 10/MAR/2013

The African Court hears the Matter of the Beneficiaries of the late Norbert Zongo and others against the Republic of Burkina Faso

Arusha, 8 March 2013: On 7 and 8 March 2013, the African Court on Human and Peoples Rights held in Arusha a public hearing in respect of Application No. 013/2011 - The Beneficiaries of the late Norbert Zongo, Abdoulaye Nikiema alias Ablass, Ernest Zongo, Blaise Ilboudo, and the Burkinabe Movement for Human and Peoples' Rights (Applicants) vs. the Republic of Burkina Faso (Respondent).

The matter relates to the alleged assassination on 13 December 1998 of Mr Norbert Zongo, an investigative journalist and his companions Abdoulaye Nikiema alias Ablass, Blaise Ilboudo, as well as his brother Ernest Zongo, and alleges violation of Articles 1, 2, 3, 4, 7 and 9 of the African Charter on Human and Peoples Rights, Articles 2 (3), 14 and 19 (2) of the International Covenant on Civil and Political Rights and Article 8 of the Universal Declaration of Human Rights, etc. by the Republic of Burkina Faso.
NOTE: Only for Media Use. This is not an Official Statement of the Court For further information, please check on the website www.african-court.org Or contact the Information & Communication Unit Email: info@african-court.org

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The public hearing was organized to receive oral legal arguments from the parties, solely on the preliminary objections raised by the Respondent in reaction to the fact that the beneficiaries of the Late Norbert Zongo and others brought the Case before the continental Court while the matter had been decided before the national courts in Burkina Faso.

In fact, the Government of Burukina Faso, represented before the Court by Advocates Antoinette Ouedraougo and Anicet Pascal Somm, maintains that the Application should not be received by the African Court and raises preliminary objections with regards to temporal jurisdiction and admissibility of the matter before the Court. Concerning the temporal jurisdiction, the Respondent submits that the alleged violations of human rights occurred before the entry into force of the Protocol establishing the Court on 25 January 2004. Concerning admissibility, the Respondent claims that local remedies were not exhausted before bringing the matter before the African Court.

In response to the preliminary objections of the Respondent, the Applicants submits that though the alleged violations occurred before the entry into force of the Protocol establishing the Court, they had continued to apply ever since and hereby constituted violations under the African Charter and other applicable legal instruments to the extent that it falls within the purview of the temporal jurisdiction of the Court. On the admissibility of the application, the applicants submit that all local remedies had been exhausted by the complainants and, in particular, that an appeal before the Cour de Cassation would have been futile as it was common knowledge that the Supreme Court required some 5 years after it is seized to render judgment on any case.

Despite the fact that the African Court will not examine the merit of the matter before a decision is taken with regards to the preliminary objections raised by the Respondent, it is worth noting that, in their applications, the Applicants accuses the Government of
NOTE: Only for Media Use. This is not an Official Statement of the Court For further information, please check on the website www.african-court.org Or contact the Information & Communication Unit Email: info@african-court.org

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Burkina Faso of failure to fulfill obligations contained in the above-mentioned treaties that it has ratified. Therefore, the Applicants want the Court to find that Burkina Faso is in breach of the relevant provisions of the Universal Declaration of Human Rights and the above-mentioned treaties. They also want the Court to order Burkina Faso to pay damages and compensation to the claimants concerned.

The Applicants are represented by Messrs. Anselm Odinkalu CHIDI (Nigeria) and Ibrahima Kan (Senegal), while the Respondent is represented by legal

representatives of the Government of the Republic of Burkina Faso, namely Advocates Antoinette N. Ouedraougo and Anicet Pascal Somm. Members of the public and the media attended the public hearing at the Courts premises (Kibo Hall), located in the Mwalimu Julius Nyerere Conservation Centre (Close to TANAPA Office), Dodoma Road or followed it live online at

www.livestream/afchpr. After concluding oral pleadings, parties will have to wait for Judges deliberations and judgment. According to the Rules of the Court (Rule 59), the judgment must be delivered within 90 days from the date of completion of deliberations.

NOTE: Only for Media Use. This is not an Official Statement of the Court For further information, please check on the website www.african-court.org Or contact the Information & Communication Unit Email: info@african-court.org

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