Koupela: In a courtroom filled with anticipation, defense lawyers representing magistrates and others on trial raised substantial procedural objections following the court's notification of charges against their clients. They contested the court's jurisdiction, questioned the statute of limitations, and pointed out the alleged invalidity of proceedings due to acts of torture, as well as the unsuitability of the summary procedure employed after the defendants' hearings.
According to Burkina Information Agency, the defense lawyers argued that the statute of limitations had expired, as the offenses were committed during a time when the limitation period for misdemeanors was three years. They contended that the criminal procedure law enacted in June 2025, which extended this period to five years, should not apply retroactively to acts committed before its implementation.
The defense further challenged the court's jurisdiction, citing the 2017 law on specialized judicial centers. They argued that the complexity of the case, involving a significant number of defendants, placed it within the jurisdiction of these specialized centers. They also raised issues about corruption charges being complicated by the alleged abduction and arbitrary detention of their client by unidentified individuals. Additionally, the defense critiqued the use of a flagrante delicto procedure, arguing it was inappropriate for acts committed since 2021.
In response, the prosecution opposed the defense's request to nullify the proceedings, dismissing claims of abduction and detention as lacking judicial oversight. The prosecution denied knowledge of any torture by police officers and argued that any such acts, even if they occurred, took place before their involvement in the case and should not invalidate the proceedings. The prosecutor encouraged plaintiffs to take legal action against the alleged torturers.
This stance sparked intense emotions and debates in the courtroom, leading to a brief suspension of the hearing, which resumed shortly after. Addressing the statute of limitations, the prosecutor asserted that the acts in question occurred between 2021 and 2025. For concealed offenses such as corruption, the statute of limitations starts from the discovery of the facts, as per Article 220-4 of the current Code of Criminal Procedure.
The prosecutor defended the summary procedure used, noting it was within his administrative authority, despite the initial preliminary investigation. He emphasized that no legal provision rendered the procedure invalid. Regarding jurisdiction, the Public Prosecutor of Burkina Faso explained that the jurisdiction of specialized judicial divisions, as defined by law, is concurrent with ordinary courts. This position was supported by the judicial agent of the Burkinabe State, who highlighted the concurrent nature of jurisdiction enshrined in article 2 of the law on specialized judicial centers.
As the debates concluded, the court decided to examine these objections alongside the merits of the case. The hearing was adjourned and is set to resume today at 9 a.m. in the correctional chamber of the High Court of Koupela for further examination of the case's merits.