Burkina Faso: the Sankara trial suspended after a request to the Constitutional Council

People attend the opening of the trial of the alleged perpetrators of the assassination of Thomas Sankara in Ouagadougou, October 11, 2021. AFP - OLYMPIA DE MAISMONT

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At the Sankara trial, the time should have been on Thursday for defense pleadings, but a defense lawyer revealed to the court that he had filed a request with the Constitutional Council.

The judge suspended the hearings until the judgment of the Constitutional Council.

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With our special correspondent in Ouagadougou

,

Gaëlle Laleix

In this request to the Constitutional Council, the defense lawyer invoked an “ 

exception of constitutionality

 ” with regard to the charges against his client, namely an attack on state security.

Two other colleagues immediately followed suit and the hearing was adjourned.

This request is therefore a surprise for everyone, starting with Judge Meda who was not informed of it.

Defense attorneys believe that recent political events have changed the course of the trial.

In February, the Constitutional Council recognized Lieutenant-Colonel

Damiba as President of Burkina Faso

, a man who came to power by force, which would therefore become a legal mode of accession to the presidency.

Thus, the coup would no longer constitute an attack on state security.

A request that could have serious consequences for Burkinabe law

This reversal has serious consequences, first of all on the trial which is undergoing a new delay when it began in October.

Then, if the Constitutional Council were to agree with the defence, it is a whole part of the procedure that would have to be resumed, in particular the pleadings of the civil parties.

But the consequences would be especially very heavy for Burkinabè law.

Giving reason to this request would amount to legalizing the coup d'etat.

On this point at least, all the lawyers this Thursday morning agreed: given the history of Burkina, it is imperative that the Constitutional Council clarifies this question.

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  • Burkina Faso

  • Thomas Sankara

  • Justice