The ECOWAS Court of Justice has ruled that the Republic of Burkina Faso must provide compensation amounting to 50 million CFA francs to Mr. Kam Sibiri Eric, a retired civil servant. The court determined that Mr. Eric suffered moral damages when he was dismissed two decades ago on the grounds of “breach of the duty of discretion.” In delivering the judgment, Justice Ricardo Monteiro Gonçalves, the rapporteur, concluded that Burkina Faso violated Mr. Eric’s right to an effective remedy as guaranteed by the African Charter, ICCPR, and Universal Declaration of Human Rights. Furthermore, the court found that Burkina Faso also violated Mr. Eric’s right to a fair and timely trial by an impartial tribunal.
According to the lawsuit, Mr. Eric had been employed as the Head of the Legal Affairs and Research Division of the Mediator of Faso until November 2002 when his appointment was terminated by a decree citing breach of the duty of discretion. Despite attempts to reverse the government’s decision, including a successful lawsuit in the administrative court in Ouagadougou that annulled the decree and ordered his reinstatement, the Council of State later overturned the judgment. Mr. Eric lodged an appeal on points of law with the Council, which is still pending. Frustrated by the prolonged delay, Mr. Eric approached the ECOWAS court, seeking to hold the government accountable for violating his human rights and claiming damages amounting to 76,929,700 CFA francs.
Mr. Eric argued that the Council of State’s handling of his case, by not communicating or providing updates, violated his right to a fair trial within a reasonable time, as guaranteed by the country’s constitution and international instruments. He emphasized Article 10 of the Universal Declaration of Human Rights, which stipulates the right to a fair and public hearing by an independent and impartial tribunal. Mr. Eric also referred to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, both of which Burkina Faso is a signatory to. The violations he experienced had caused him moral and psychological harm, and the inaction on his appeal, coupled with his premature retirement, had severe financial consequences.
During the judgment, Burkina Faso did not provide representation, while Mr. Sibiri’s lawyer, Barthelemy Zongo, represented him. The panel handling the case consisted of Justice Edward Amoako Asante, the president of the Court, Justice Dupe Atoki, and Justice Ricardo Monteiro Gonçalves.
