Burkina Faso is considering reintroducing the death penalty – JURIST

Burkina Faso's ruling military junta is reportedly discussing reintroducing the death penalty for terrorism and related crimes, according to anonymous sources who spoke to media and Human Rights Watch (HRW) on Monday.

The sources said the government had not given a timetable for reintroducing the death penalty. Once the government decides on the details of amending the country's criminal code, it will submit a proposal to the Transitional Legislative Assembly (ALT). The ALT is expected to accept any proposal because the majority of its members were appointed by the ruling military junta.

The death penalty was abolished in Burkina Faso in 2018 by a democratically elected government. The idea of ​​reintroducing the death penalty comes as the military battles armed Islamist groups across the country.

The ruling government has been heavily criticized by human rights groups, including HRW, for its restrictions on “journalists, dissidents and political opposition.” There were also allegations from human rights organizations that the government used forced recruitment and kidnappings to silence human rights defenders in the country. According to HRW, those unlawfully deported included journalists and judges who had made legal decisions contrary to the government's interests. This has undermined the rule of law in the state by jeopardizing the independence of the judiciary.

Article 6 of the International Covenant on Civil and Political Rights allows the death penalty if it is limited to punishment for “the most serious crimes in accordance with the law.” The compulsory conscription of judges would likely prevent the death penalty from being implemented in accordance with international law by undermining the independence of the judiciary.

The previously ruling junta was overthrown in 2022 because of its perceived failure to combat armed Islamist groups. For this reason, the current junta's power is based on its ability to win the war against Islamist groups. This could be a reason for the government to prioritize war over human rights concerns.