Ulrich Sergio Dibgolongo vs Republic of Burkina Faso
On April 23rd, 2019, Mr. Ulrich Sergio Dibgolongo (the Applicant), filed an application instituting proceedings against the Republic of Burkina Faso (the defendant State) before the African Court of Human and Peoples’ Rights (the ACHPR or the Court) for alleged violations of the African Charter of Human and Peoples’ Rights (the Charter) in its articles 5 and 7.
Mr. Dibgolongo had been tried and sentenced by the Criminal Chamber of the High Court of Ouagadougou to 15 years’ imprisonment for offences of serious banditry, illegal possession of firearms and theft. This judgement was upheld on appeal. The applicant claims that his rights to a fair trial and dignity were violated throughout the domestic proceedings before the domestic courts. He wants a presidential pardon, commutation of his prison sentence, conditional release and any financial compensation for the harm suffered.
Burkina Faso raised preliminary objections concerning the jurisdiction of the Court as well as the admissibility of the Application. Although it concluded that it had jurisdiction, it nevertheless agreed with the respondent State, which had raised the fact that the applicant had not exhausted all domestic remedies in so far as he had not lodged an appeal in cassation with the Supreme Court of the State of Burkina Faso.
Judgment of 22-09-2022.pdfThis summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.
