Marcel Kafando:
only indictment in the assassination
case of journalist Norbert Zongo, was
released
Thursday, July 20th, 2006
The Officer
Marcel Kafando, the only one standing
trial for the assassination of the
Burkina Faso journalist Norbert Zongo,
benefited of an ordinance of a dismissal
for lack of evidence delivered by the
Judge Wenceslas Ilboudo. A declaration
announced Wednesday at Ouagadougou,
which provoked the indignation and
bewilderment of the associations that
fight for Human Rights and the memory of
the journalist.
Not guilty… After 4
weeks of investigation and
interrogation, the Officer Marcel
Kafando, only one charged for the murder
of the Burkinabe journalist Norbert
Zongo, was released Wednesday by the
Burkina Faso justice system. It is
during a press conference, that the
Attorney General Abdoulay Barry and the
Faso attorney Adama Sagnon announced the
dismissal of the charges by the
Magistrate Wenceslas Ilboudo. They
stated that the evidence against the
accused was insufficient. The President
of the tribunal of Ouagadougou tribunal,
contacted by Afrik, refused to speak on
the subject. On the side of the human
rights organizations and militants for
the freedom of the press, the verdict
came like a cold shower. Despite the
years that have passed, the file
continues to be delicate and sensitive
matter.
The Norbert Zongo
affair started on December 13, 1998. The
Director of the opposition newspaper
“The Independence” was found dead on the
road to Sapouy, a 100 km from
Ouagadougou. Also inside his vehicle,
the bodies of three of his companions.
Completely burned. A death that occurred
as the journalists were researching the
strange circumstance of the death of
David Ouedraogo, the personal drivers of
Francois Compaore, the brother of the
Burkinabe President Blaise Compaore.
That one was tortured to death by
members of the Presidential Security
Regiment (RSP – Regiment de Securite
Presidentielle) for having, as they
would claim, stolen some money. The
Officer Marcel Kafango was part of the
punitive operation. He was tried and
recognized guilty with two other
military personnel for this barbaric act
in June of 2000. One year later, the
officer stands accused of murder and
voluntary burning in the Zongo affair.
And as he should have awaited the
verdict of his sentencing in prison, in
this strangely assigned to his
residence. After this dismissal, he
will now be able to resume his
occupation.
Surprise and
frustration
Reactions came
immediately. The Associations for
defense of Human Rights and of
journalists had a fit. “We are shocked
that not a single person was found
guilty by the criminal justice system
for a crime as horrific as this one,”
reports Julia Crawford from AFP,
Coordinator of the Africa Program of the
Committee for the Protection of
Journalists (CPJ). “This decision begs
numerous questions as to the
independence of the justice system and
the willingness of the authorities to
bring light to this affair. This also
constitutes a dangerous precedence by
showing that assassins of journalists
are being protected,” is said at the CPJ
of New York.
Reporters without
Borders (RSF – Reporter Sans Frontieres)
echoes this statement. In a memo
outlined on their site, RSF announces
its indignation at the results of this
trial: “This is simply scandalous! After
eight years of mobilization, this
decision sanctifies the rule of impunity
in Burkina Faso. It is a shame!” For
them this file is before all political:
“Nobert Zongo was killed by members of
the Presidential Guard and the brother
of the Chief of State, Francois Compaore,
is implicated in this affair. The
authorities haven’t stopped protecting
assassins” reports the organization.
The International
Federation for the League of Human
Rights (FIDH) and the Burkinabe Movement
of Human Rights and People (MBDHP) also
denounced in a memo “the slowness and
absurdity of the investigation and the
blow rendered by the State to the rights
of Burkinabes.” Next to this outrage,
“the movement ‘too much, is too much’”
created by the assassination of Norbert
Zongo, is reacting more timidly. “The
movement has lost its vitality” reports
a journalist from Burkina Faso, “and on
the side of civil society and Burkinabe
syndicates silence was at the
rendezvous.”
Fighting for
truth
Facing the results
of this trial, the organization for the
defense of liberty continued to be
mobilized. “Despite this decision we
will continue to mobilize so that
justice may prevail. We will never
forget Norbert Zongo and we will pursue
with tenacity and strength our efforts
at the side of Nobert’s closest
friends,” indicated RSF. The FIDH and
the MBDHP demanded that other recourses
to appeal the dismissal decision be
started. These organizations insist on
underlining that they will not miss, in
case of foul play in this affair, to
utilize the regional and international
mechanisms for the protection of human
rights. As to the lawyer of the family
of the assassinated journalist Mrs.
Benewende made it known, she will appeal
the decision.
But certain people
remain skeptical. “We are not satisfied
with the procedure” reports a journalist
from Burkina Faso wishing to remain
anonymous. “The problem is a lot more
complex than it appears. People in
power have meddled in this affair. I
would like to think the opposite, but
unfortunately I think the file is
closed. One of the prosecutors
indicated that if there were new charges
to be brought up the file could be
reopened once again. But do you really
think that those witnesses, even if
anonymous, will rush to thee
opportunity? A sergeant who early one
had wished to be a witness in this
affair withdrew. He received threats. I
would like it that this trial ends in a
conviction but in all sincerity I don’t
think that the truth will ever be
established.” Changing the course of
things with a ball point pen were the
wishes of Nobert Zongo, so that his
fight would not be in vain, our duty to
his memory is not to forget and to make
sure that the truth is proclaimed.