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• Right to public trial
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Article 136
Hearings in all the courts and in all the tribunals are public. The closed hearing is only
allowed in the cases defined by the law.
The decisions of the jurisdictions are substantiated, except in the cases where the
law provides otherwise for it.
TITLE IX: OF THE HIGH COURT OF JUSTICE
• Courts for judging public officials
Article 137
A High Court of Justice is instituted. The High Court of Justice is composed of
Deputies that the National Assembly elects after each general renewal, as well as the
magistrates designated by the President of the Court of Cassation. It elects its
President from among its members.
The law establishes its composition, the rules of its functioning and the procedure
applicable before it.
• Head of state removal
• Courts for judging public officials
Article 138
The High Court of Justice is competent to take cognizance of the acts committed by
the President of Faso in the exercise of his functions and constituting high treason, of
infringing the Constitution or of misappropriation of public funds.
The High Court of Justice is equally competent to judge the members of Government
for reason of acts qualified as crimes or misdemeanors committed in the exercise or
on the occasion of the exercise of their functions. In all other cases, they remain
justiciable by the jurisdictions of common law and of the other jurisdictions.
• Head of state removal
Article 139
The impeachment of the President of Faso is voted by a majority of four-fifths of the
votes of the Deputies composing the Assembly. That of the members of the
Government is voted by a majority of two-thirds of the votes of the Deputies
composing the Assembly.
• Head of state removal
Article 140
The High Court of Justice is constrained by the definition of crimes and
misdemeanors and by the determination of the resultant punishments of the
criminal laws in force at the time when the acts were committed.
Burkina Faso 1991 (rev. 2012)
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