Burkina Faso: Restores Death Penalty Penal Code for Terrorism, Treason

• Burkina Faso's unelected parliament has unanimously adopted a new penal code reinstating the death penalty for crimes including high treason and terrorism.
• The country had abolished capital punishment for ordinary crimes in 2018, with its last execution in 1988.
• Justice Minister Edasso Rodrigue Bayala justified the move as necessary to combat terrorism, arguing previous leniency was exploited by armed groups.
• Human Rights Watch and international bodies oppose the reinstatement, citing the inherent cruelty of capital punishment and the country's ill-equipped justice system.
• Concerns exist regarding the Specialized Judicial Unit Against Terrorism-Related Crimes, which has been criticized for slow investigations and procedural failures undermining fair trial rights.

Rather than resolving the nation's ongoing security crisis, the restoration of the death penalty is likely to heighten the risk of irreversible injustice within a judicial system already plagued by serious due process failures.

Burkina Faso's unelected legislative body has unanimously approved a revised penal code that brings back the death penalty for a range of serious offenses. This significant legislative change applies to crimes including high treason, terrorism, espionage, parricide, and the importation of expired or prohibited goods. The nation had previously abolished capital punishment for ordinary crimes in 2018, with its last recorded judicial execution occurring in 1988.

This move by the military junta, which seized power in September 2022, follows a period of escalating crackdowns on civic and political freedoms. Since the coup, authorities have systematically curtailed rights, including banning media outlets, suspending unions and civil society organizations, and dismantling multiparty politics. Critics of the regime have faced arbitrary detention, enforced disappearances, unlawful conscription, and torture, signaling a broader pattern of suppressing dissent.

Justice Minister Edasso Rodrigue Bayala publicly defended the decision to reinstate the death penalty, asserting its necessity in the fight against terrorism. He argued that armed groups had exploited the previous legal framework, which limited the maximum sentence for terrorist acts to life imprisonment, by assuring new recruits they would not face execution. This perceived leniency, according to the minister, undermined efforts to combat extremist activities.

However, this reinstatement runs contrary to a global trend towards the abolition of capital punishment. International bodies such as the United Nations General Assembly and the African Commission on Human and Peoples' Rights have consistently urged states to implement moratoriums on executions, narrow the scope of capital offenses, and progressively reduce the number of crimes punishable by death, with the ultimate goal of complete abolition. Human Rights Watch, for its part, maintains a strong opposition to all forms of capital punishment due to its inherent cruelty.

The reintroduction of the death penalty in Burkina Faso raises profound concerns, particularly given the documented deficiencies within the country's justice system. Human Rights Watch highlights that the existing judicial infrastructure is ill-equipped, which could exacerbate the unfairness of death sentences. All cases related to terrorism are exclusively handled by the Specialized Judicial Unit Against Terrorism-Related Crimes, an entity established in 2017.

In April, Human Rights Watch reported on the unit's slow investigations and significant procedural failures that compromise defendants' rights to a fair trial. A former judge from a terrorism court once revealed a grim dilemma: judges sometimes kept suspects in detention despite insufficient evidence, fearing that releasing them could lead to summary execution by the military. This judge described the situation as a choice to "better violate the right to liberty in order to preserve the right to life." With the return of capital punishment, even this desperate calculation may no longer offer a safeguard.

The Burkina Faso capital punishment reinstatement sends a chilling message to critics of the military junta and risks becoming another instrument for suppressing opposition. Rather than resolving the nation's ongoing security crisis, the restoration of the death penalty is likely to heighten the risk of irreversible injustice within a judicial system already plagued by serious due process failures. This development underscores the significantly heightened legal risks for individuals in Burkina Faso, particularly those accused of high treason or terrorism under the new penal code, demanding extreme caution regarding human rights considerations.

Lawyers and compliance officers must be aware of the significantly heightened legal risks for individuals in Burkina Faso, particularly those accused of high treason, terrorism, or other capital offenses under the new penal code. This development necessitates extreme caution regarding due process and human rights considerations for any client or employee facing charges in the country, especially given the documented flaws in the justice system under the military junta.

Source: Original reporting via Human Rights Watch