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The Zongo Affair: a dismissal that hurts

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.

 


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