Zongo v. Burkina Faso, Judgment & Judgment on Reparations (Afr. Ct. H.P.R.)

Abstract

Does human rights law require countries to investigate serious crimes and bring those responsible to justice? And if so, how far must a country go to satisfy this requirement? This case concerns the murder of Norbert Zongo, an investigative journalist and director of the weekly Burkinabe magazine L'Indpéndenant, his younger brother Ernest Zongo, and two work companions. All four were killed in Burkina Faso on December 13, 1998, in suspicious circumstances. The case was brought by the families of Zongo and his colleagues (Individual Applicants) and the NGO Burkinabé Human and Peoples' Rights Movement (NGO Applicant, together the Applicants). The Applicants alleged that the murders of Zongo and his colleagues were not a random act of violence, but were instead related to their investigations into various political scandals, including those operating at the very highest levels of Burkinabe government. The Applicants claimed that Burkina Faso officials had not only failed to properly investigate the case, but also deliberately stymied the investigation, leading to a failure to bring those responsible for the deaths to justice. The judgment, rendered on March 28, 2014, is only the second judgment to be rendered on the merits by the African Court on Human and Peoples' Rights (the Court). The Court ruled unanimously that Burkina Faso had violated Article 1 and Article 7 of the African Charter on Human and Peoples' Rights. By a majority of 5 to 4, the Court also found that Burkina Faso had violated Article 9(2) of the African Charter on Human and Peoples' Rights and Article 66(2)(c) of the Revised Economic Community of West African States (ECOWAS) Treaty. Following the judgment on the merits, the Court rendered its reparations judgment, also included here. This is only the second reparations judgment rendered by the Court, and the first to award reparations to the victims.