property protection sub-commission, and the media and information management subcommission.
19. The members of the transitional government are not eligible to stand for the presidential and
parliamentary elections which will be organized to bring the transition to an end.
II.
Implementation of Recommendations
Take appropriate measures to fight against impunity and to ensure that persons guilty
of crimes are arraigned before court
20. As part of the reform of Burkina Faso’s criminal law, important measures have been taken.
Mention can be made of the following:
-
On-going review of the Criminal Code which considers most of the provisions of
international conventions, including the fight against child labour, torture and violence
against women;
- Adoption in April, 2014 of a draft bill on the definition and crackdown on the sale of
children, child prostitution and child pornography;
- Adoption in May, 2014 of a law on the prevention and elimination of torture and similar
practices, and
- Adoption in April, 2014 of a law on child protection.
21. Following the mutiny by the military and the police in 2011 which led to the loss of lives,
130 policemen and 500 soldiers were dismissed on grounds of indiscipline. Furthermore, 346
persons, including soldiers, were arrested and detained. Forty-nine (49) persons were found
guilty after three hearings by the court martial, while 149 others are in custody. In the
specific case of the late Justin Zongo, a school pupil, the Criminal Division of the
Ouagadougou Appeals Court, in its ruling of 22 August, 2011, handed down sentences to
three policemen who had been found guilty of the crime. One was given a ten-year term of
imprisonment, while the two others were sentenced to eight years each. Other cases relating
to the 2011 crisis are pending before courts of competent jurisdiction.
22. In order to strengthen the independence of the judicial system, two laws on the statutes of the
bench and the organization of the High Judicial Council respectively have just been passed.
They will make judges more independent from the Executive in order to effectively combat
impunity. The main innovations are the establishment of an autonomous Permanent
Secretariat of the Council. It is tasked with the management of the career and discipline of
judges as well as a career advancement mechanism. Furthermore, the remuneration of judges
was increased, while the budget allocated to the judicial sector also increased from CFAF
7,167,300,000 in 2009 to CFAF 11,533,900,000 in 2012.
23. With regard to measures aimed at promoting access to justice, a legal aid fund of 100 million
CFA Francs was set up in 2013. Furthermore, a third Appeals Court was established in Fada
N’Gourma. In order to decongest the Ouagadougou and Manga county courts (TGI), the
Government adopted two draft bills on the establishment of a High Court (TGI) at Pô and a
second one in Ouagadougou respectively.
24. According to the 2012 statistical yearbook of the Judiciary, the average time for the handling
of cases has witnessed a significant reduction – from 4 months 15 days in 2009 to 2 months
21 days in 2012. With regard to judgments handed down in 2012, 6,838 new civil and
commercial cases were recorded by the County Courts, while 5,408 judgments were given.
Over the same period, the Appeals Courts recorded 1,107 new civil, commercial and social
11
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