of
38. The Respondent State first submits that according to Burkinabe Law, the status
e
widow presupposes that two conditions have been met: marriage (attested by a marriag
that
certificate), and death of the spouse (proven by a death certificate). It points out
these two conditions have been fulfilled in the case of the widow of late Norbert Zongo.
39. It further argues that the status of child or descendant is determined by filiation
resulting in the relationship which itself is evidenced by civil status registration. It submits
parties
that, in the instant case, "these conditions are partially met by some interested
and completely ignored by others".
and
40. Lastly, the Respondent State points out that estates are deferred to children
g
descendants of the deceased , to ascendants, to collateral parents and to survivin
s
spouse in the order established by law; and that in particular, "fathers , mothers, brother
and sisters can only inherit where there were no children or descendants''.
ar,
41 . It then submits that according to international and community law and, In particul
ttee,
under the jurisprudence of major international jurisdictions (Human Rights Commi
"only
Inter-American Court, European Court, African Commission and African Court),
red
members of the family who have close filial relations with the direct victim are conside
furnish
as indirect victims with rights to reparation". It argues however that they have to
proof of such relationship.
some
42. On the whole, the Respondent State noted that, in the instant case, whereas
one
beneficiaries produced both birth and life certificates, others however submitted only
and
certificate (birth or life certificate) or identification papers which are no longer valid
in
are therefore not expected to be used to attest to their identity , because the papers
still
question have ceased to exist in Burkina Faso for more than ten years; and others
14 It noted that none of the Applicants' families has
did not provide any document at all.
11
that
produced a certificate of inheritance, a basic document in Burkinabe national law
alone attests to the status of inheritor."
s of beneficranes
On this score. the Respond ent State presents a compreh ensive Table of the categone
(paras 3 5 to 4 0).
14
14