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passage of the law on the prevention and elimination of torture and similar practices in
Burkina Faso, on 27 May, 2014. This law also provides for the introduction of a national
torture prevention mechanism.
Other measures have been taken. These include, in particular, training activities for the defence
and security forces as well as health officers, as described under the recommendation on the
passage of a specific law to eliminate torture.
D. Right to the Safety of the Person and Banning of Arbitrary Arrest and Detention
116. In Burkina Faso, the Constitution and certain institutions (the Judiciary) guarantee the
freedom and safety of any individual. This is particularly attested to by the provisions of
Article 3 of the Constitution by virtue of which “No one may be deprived of his freedom if he
is not being tried for acts provided for and punishable by law. A person may only be
arrested, held, deported or exiled in accordance with the law.” Article 125 of the
Constitution designates the Judiciary as the custodian and guarantor of individual and
collective freedoms.
117. Burkina Faso’s criminal law provides for conditions under which an individual can be
deprived of his freedom. In particular, these are in cases where criminal suits which may lead
to the arrest of an individual suspected to have committed an offence or implicated in the
commission of the said offence. Thus, he cannot be held in custody for more than seventytwo (72) hours (Article 62 of the criminal procedure code). It may be extended by 48 hours
upon the authorization of the State Prosecutor of Burkina Faso or the examining magistrate
who has jurisdiction in the matter. For serious offences, (terrorism, association with criminal
intent, offences against national security, etc.), special laws prescribe longer custodial
periods and provide for the necessary guarantees to ensure the respect of human dignity. For
a few years now, the Ministry of Human Rights, the Bar and a few Associations have been
organizing brainstorming seminars or workshops in order to improve upon the situation or
condition of the individual being held in custody. Finally, the government has constructed
custodial facilities in some towns to meet international standards.
118. An order for committal into prison custody, another measure to deprive persons of their
freedoms, can be made against an accused person. However, the implementation of this
measure also comes with rules protecting the individual against whom it is invoked. Thus,
according to the legal requirements, it can only be resorted to in exceptional cases (Article
136 of the criminal procedure code). The duration of custody depends on the circumstances
surrounding the matter (geographical situation of the individual and the length of the prison
sentence imposed). It is between five days and six months at most (Articles 137 and 138 of
the Criminal Procedure Code). Where necessary, the six-month limit may be extended.
However in such an eventuality, legal precautions are taken to avoid arbitrary or wrongful
detention. The extension (order by the examining magistrate) must be justified by special
reasons. The same goes for the summing-up for the prosecution (Article 138 of the Criminal
Procedure Code).
119. The individual in custody is entitled to apply for bail at any stage of the procedure. Under
Articles 140 and 141 of the criminal procedure code, “the accused person or his counsel may
submit an application for bail to the examining magistrate at any time…Any accused person
or defendant may also apply for bail at any stage of the proceedings” It is observed that, in
practice, most persons in custody avail themselves of this right.
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