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Official Documents -- International Campaign Justice for SANKARA |
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Sankara´s Vision of Self Sustained Development.
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From Burkina to Guatemala: Breaking the cycle of impunity
October 15, 2001
Thomas Sankara, charismatic Panafricanist, progressive and feminist was assassinated on October 15, 1987. His death certificate claims he died of natural causes. This year is the 4th anniversary of the International Campaign Justice for Sankara (ICJS) supporting his widow Mariam Sankara’s and his children’s legal case against X for "assassination and false entry in public records". The campaign, a first on the African continent, aims at combating impunity and brings together 16 international lawyers and several committees in Europe, Africa and America as well as a number of personalities.
In March 1998, an order to open a judiciary information was allowed, but was appealed by the Public Ministry, followed by the Chamber of indictments. On January 26, 2000, the Ouagadougou Chamber of indictments ruled that Common law Courts were “without jurisdiction” for hearing the case. The civil lawyers obtained a reversal by going to the Supreme Court. Mariam Sankara later refused to participate in the "national day of forgiveness" proclaimed by the Burkina government for March 30th 2001. In a letter to the Minister of State and Chair of the National Commission of Reconciliation, Mariam Sankara wrote: "I note that it would have been preferable to start by seeking out truth and justice in order to reach reconciliation". Backed into a corner, Burkina President, Blaise Compaoré, offered a back door mea culpa which failed to settle the matter: "We express our deep regrets for tortures, crimes, injustices, ordeals and all wrongs committed against Burkina people by other Burkina nationals acting on behalf or under the guise of the State, from 1960 to date".
At the ICJS, we believe forgiveness is possible as long as we know whom to forgive. So far, the legal and political system of Burkina Faso has continued to resort to technicalities in an attempt to buy time. Such manipulations, including those used in the last four years of legal proceedings, are informed by the same approach which aims at defusing any attempt to uncover the truth while perpetuating impunity.
Ainsi la cour suprême du Burkina Faso a prétendu examiner, le 3 Avril 2001, le pourvoi en cassation formé par la CIJS contre l'arrêt No 14 du 26 Janvier 2000 rendu par la cour d'appel de Ouagadougou. Mais jusqu'à 24 heures de l'audience, les termes du réquisitoire n'étaient toujours pas connus obligeant nos avocats à renvoyer l'audience, afin de leur permettre de mieux se préparer. La Cour a donc renvoyé au 15 mai l'instruction sur la compétence des juridictions de droit commun pour instruire la plainte. Cyniquement elle les alors déclarées"incompétentes". Selon l'avocat terrain Me Bénéwendé Sankara "le pourvoi a été déclaré irrecevable à cause d'une absence de consignation de la somme de 5.000 FCfa (50 FF, 7,62 euros, 10$ can)". Les avocats de la partie civile n'avaient sciemment pas pas été informés de l'obligation de consignation par le greffe. Lorsque l'on sait que le dépôt de la plainte a coûté 1 million de Fcfa, ce n'est pas une si infime somme qui nous paralyserait. Mieux cette somme est d'ailleurs non exigible si l'un des plaignant -l'un des enfants- est mineur comme c'est le cas au dépôt de la plainte..
Thus, on April 3rd, 2001, the Supreme Court of Burkina Faso pretended to examine the ICJS’ appeal for annulment against Decision No 14 rendered by the Appeal Court of Ouagadougou on January 26, 2000. However, as late as 24 hours before the hearing,the terms of the Address were unknown, forcing our lawyers to postpone the hearing in order to better prepare their case. The Court then postponed to May 15th, 2001 the hearing to regarding the jurisdiction of Common law Courts in hearing the case. In a cynical move, the Court declared them to be “without jurisdiction”. According to the ICJS lawyer in Burkina Faso, lawyer Bénéwendé Sankara, "the appeal was ruled not receivable for lack of payment into court of the sum of 5,000 CFA francs (50 French francs, 7,62 euros, 10 Canadian dollars)". The registrar had deliberately failed to inform the civil lawyers of such payment into court requirement. Since filing the case cost 1 million CFA francs, it is easy to understand that such a small amount would not have stopped us. Moreover, such payment is in fact not required if one of the complainants – one of the children – is a minor, as was the case at the time the case was filed.
This ultimate pretext for perpetuating impunity was to be topped by another, even more odious. When the Civil Courts rule themselves “without jurisdiction”, it is automatically up to the Military Courts to hear the complaint. The Defence Minister must then seize the Military Courts of an application and order that legal action be taken. He did no such thing. Asked why, President Compaoré stated that “the Defence Minister is not in the business of dealing with legal matters". Yet, the Burkina Articles of War which he himself proclaimed into force by decree on June 13th, 1994, provide, in Section 71, that the Defence Minister shall intervene in the process of seizing the Military Courts of an application as long as such Court has recognised jurisdiction in a matter.
Given that all national recourse has been exhausted, and given the bad faith and the complicity of the legal system with the bloodthirsty political forces in power in Burkina Faso, the ICJS will have to turn to international tribunals. At a time when the President of Burkina Faso is on official visit in France, a country which does not seem to mind his criminal actions and sinister involvement in the wars of Liberia, Sierra Leone and Angola, GRILA calls on all internationalists and Panafricanists to commemorate October 15, 2001 by honouring the memory of Thomas Sankara, and to support the ICJS in its quest for justice. Different sections of the ICJS will organise events around the world. In Toronto, the Conference “Preserving the Legacy of Sankara” will be held at the Siasa Breakfast; in Montreal, lawyers Vincent Valai and Milton James Fernandes will present “Update and perspectives of the campaign” and Judge Henry Monroy will look at “The struggle against impunity in Guatemala”; in Dakar, a Conference will focus on the “African Union and the main advocates of Panafricanism in these times of globalisation”;
International Campaign Justice for Sankara - ICJS ( Canadian Chapter )
October 13, 2001
Public conferences:
- Toronto: Sunday October 14th , 2001 at 10 a.m. , First Ethiopian Place 585 Yonge Street
"Preserving the legacy of Thomas Sankara"
- Montreal: Monday October 15th, 2001 at 7 p.m. , UQAM 200, Sherbrooke West SH 2420
"From Burkina to Guatemala: Breaking the cycle of impunity"
- Dakar : Sunday October 14th, 2001 at 10 a.m., Cultural Centre Blaise Senghor
"The African Union and the main advocates of Panafricanism in these times of globalisation"
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