Burkina Faso: The SOS-Torture Litigator’s Group in Africa calls on Burkina Faso's transitional legislative assembly not to adopt the bill to reinstate the death penalty

The SOS-Torture Litigator's Group in Africa (GIJ) has learned with deep concern of the adoption by the Council of Ministers on December, 4th 2025 of a bill amending Law No. 025-2018/AN of May, 31st 2018 on the Penal Code. Under the pretext of combating terrorism and cross-border crime, among other things, this bill provides for the reinstatement of the death penalty.

Towards a worrying setback for the right to life and human dignity

De facto abolitionist since 1988, the date of the last known execution, the Transitional Legislative Assembly of Burkina Faso abolished the death penalty on May, 31st 2018. The bill adopted by the Council of Ministers on December, 4th 2025, which aims to reinstate the death penalty for crimes of high treason, acts of terrorism and acts of espionage, marks a worrying setback in terms of respect for the right to life and human dignity in Burkina Faso. Announced as a measure in the context of the fight against terrorism, among other things, the irreversible nature of the death penalty as a punishment exposes the country to a very high risk of irreparable miscarriages of justice, while the deterrent effect of this punishment has never been established.

The GIJ recalls that the right to life is a fundamental pillar of human rights, protected by the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, instruments ratified by Burkina Faso. The death penalty also constitutes a violation of the United Nations Convention against Torture, in that it causes major psychological and even physical suffering for the condemned person and their loved ones, both before and during the execution, in contradiction with the absolute prohibition of torture and cruel, inhuman or degrading treatment or punishment.

Risk of serious abuses in the name of the fight against terrorism

This step towards the reinstatement of capital punishment comes at a time when the situation in Burkina Faso is marked by the silencing of civil society and the repression of human rights defenders and journalists, particularly those who denounce the failings of the military authorities in power in the country. The GIJ recalls that Guy Hervé Kam, a lawyer and human rights defender, is still charged and arbitrarily detained for « conspiracy and criminal association », and that Ini Benjamine Esther Doli, a lawyer, was found guilty of « insulting the head of state » and « attempting to demoralise the armed forces » for comments posted on her Facebook account, and sentenced to one year in prison on November 10th 2025.

In a context marked by insecurity and the rise of violent extremism and terrorism in the country, there is concern that the death penalty will be used as a tool of political repression against human rights defenders and journalists, who may be targeted with accusations of complicity with terrorist groups in disregard of fundamental legal safeguards.

At a time when the trend on the African continent is towards the abolition of the death penalty, Burkina Faso must respect its international commitments.

The GIJ calls on the Burkinabe authorities to :

- Abandon the legislative reform aimed at reinstating the death penalty ;

- Promote alternative penalties that respect fundamental rights;

- Strengthen guarantees of the right to a fair trial for all accused persons, including for terrorism-related offences.

The signatories:

The following lawyers are signatories to this statement:

Barr. Djerandi Laguerre Dionro, Lawyer at the Bar of Chad

Barr. AMAZOHOUN Ferdinand, Collective of Associations Against Impunity in Togo (CACIT)/Togo

Barr. AMEGAN Claude, Collective of Associations Against Impunity in Togo (CACIT)/Togo

Barr. DOUMBIA Yacouba, Ivorian Human Rights Movement (MIDH)/Côte d'Ivoire

Barr. RAHMOUNE Aissa, Safeguard Committee of the Algerian League for the Defence of Human Rights (CS-LADDH)/Algeria

Mr. Christian LOUBASSOU, Action by Christians for the Abolition of Torture (ACAT-Congo) /Republic of Congo

Barr. Maître NKONGHO Felix, Centre for Human Rights and Democracy in Africa (CHRDA)/Cameroon

Barr. WEMBOLUA Henri, Alliance for the Universality of Fundamental Rights (AUDF)/DRC

Barr. Annie MASENGO, Network of Human Rights Defenders (RDDH)/DRC

Barr. NODJITOLOUM Salomon, Action by Christians for the Abolition of Torture (ACAT/CHAD)

Barr. NIYONGERE Armel, SOS-Torture Burundi/ Burundi

Barr. ZANINYANA Jeanne d'Arc Collective of Lawyers for the Defence of Victims of International Law Crimes committed in Burundi (CAVIB)/ Burundi

Barr. KADIDIATOU Hamadou, Association for the Defence and Protection of Children and Women (ADEPE-F/ESPOIR) / Niger

Barr. NKONGME Dorcas Mirette, Centre for Human Rights and Democracy in Africa (CHRDA)

Barr. SOUILAH Mohsen, SANAD Centres/ Tunisia

Barr. KWAMBA TSIHINGEJ Frédéric, AFIA MAMA/ DRC

Barr. TRAORÉ Drissa, Lawyer at the Bar of Côte d'Ivoire

Mrs. Alexandrine TCHEKESSI, Executive Director, Changement Social Bénin

The SOS-Torture Litigator's Group in Africa is a group of lawyers from the OMCT's SOS-Torture network that aims to contribute to strengthening prevention, accountability and redress in cases of torture and other cruel, inhuman or degrading treatment or punishment. It is made up of 16 African lawyers and is sponsored by the World Organisation Against Torture (OMCT) and the Collective of Associations Against Impunity in Togo (CACIT).

For further information, please contact: Guy Valère BADANARO, Coordinator of the Judicial Intervention Group/SOS-Torture in Africa; Collective of Associations Against Impunity in Togo (CACIT) / Tel: (+228) 91 34 14 77. Email: [email protected]