Mouvement Burkinabé des Droits de l’Homme et des Peuples v. Burkina Faso

Key Judgment


Legal Relevance

Keywords: Systemic Practice | Refusal to Disclose Fate | Right to Know the Truth | Duty to Investigate | Duty to Prosecute | Reparations | Deprivation of Liberty | Juridical Personality

Themes: Justice and Truth | Characteristics of the Crime | Memory and Reparations

The Commission found that enforced disappearances comprise violations of the rules of international law, especially those that guarantee the right to recognition of legal status, the right not to be subjected to torture or any other cruel, inhuman or degrading punishment or treatment, and the right to liberty and security of the person. The Commission also cited the Declaration on the Protection of all Persons Against Forced Disappearances in the context of the physical integrity and security of the person.

Judgment Date

May 7, 2001

Country

Burkina Faso

Judicial Body

African Commission on Human and Peoples' Rights

Articles violated

Article 5 [ACHPR], Article 6 [ACHPR]

Facts of the Case

The complaint involved the disappearance of persons suspected or accused of plotting against the state of Burkina Faso between 1989 and 1990 by the Presidential Guard. Among the disappeared victims identified in the complaint were Guillaume Sessouma, a lecturer at the University of Ouagadougou, not seen since 1989, and Dabo Boukary, a medical student, arrested in May 1990 whose whereabouts remained unknown as of the date of the complaint.

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