Burkina Faso: Press Release: Mr. Harouna YODA, Prosecutor of Faso, calls on all individuals whose actions could pose a threat to peace and national cohesion.
PRESS RELEASE FROM MR. THE PROSECUTOR OF FASO BEFORE THE HIGH COURT OF OUAGA-I
On the night of May 2nd to May 3rd, 2023, audio messages were published on social media calling for a gathering to burn down the palace of Mogho Naaba. I instructed the Division of Criminal Investigations (DIC) of the Judicial Police Directorate of the National Police to open an investigation in collaboration with the Central Brigade for Combating Cybercrime (BCLCC) to identify the authors, co-authors, and accomplices of these audios.
The message that led to the opening of the investigation was supposedly from supporters of the Head of State, depicting Mogho Naaba as an opponent to the transition.
Two other audio messages, supposedly from staunch defenders of Mogho Naaba, called on the population to mass mobilization to valiantly oppose the intentions of those who wanted to attack the monarch’s palace, while announcing the imminent attack.
Preliminary findings of the ongoing investigation suggest that these different audio messages, contrary to what they may imply, originated from the same source. The authors would have been approached for the recording and dissemination of these audios, in exchange for payment.
Other individuals approached in this regard declined the offer and reported the matter to our prosecutor’s office, explaining the various steps that led to the production of these messages. The logical consequence of these audios would have been a confrontation between supporters and opponents of the destruction of Mogho Naaba’s palace, with serious consequences, which appears to be one of the objectives of the authors and instigators.
The investigations have led, to date, to the arrest and detention of six (06) individuals, most of whom are actors within civil society organizations. They are implicated in the offenses of conspiracy (Articles 362-1 and 362-2 of the Penal Code), dissemination of false information (Article 312-13 of Law 044-2019 amending the Penal Code), incitement to armed or unarmed assembly (Articles 315-4 and 315-8 of the Penal Code), as well as other offenses that may be revealed during the investigation.
It is important to note that the individuals who have already been arrested and detained, as well as those who may be in the future, are not being prosecuted for their opinions. They are apprehended because there is corroborating evidence that they have committed serious offenses in violation of the criminal law. This justifies the arrest of these individuals, along with hundreds of others across the country, for the purpose of the investigation, in accordance with the law.
My office will continue to play its part whenever the actions of individuals, even if they are activists or leaders of civil society organizations, pose a threat to peace and national cohesion.
In the same vein, I inform you that Mr. SINON Mohamadi, who was recently sentenced to a suspended prison term and fine, has been arrested and is being prosecuted for his recent audios alleging that the national gendarmerie is not fully engaged in the fight against terrorism. He is being charged with defamation and endangering the lives of others.
It is expected from every citizen to make virtuous use of the wonderful tool that is the digital world. If this is not the case, my office will work within its jurisdiction and competence to ensure an effective criminal response, leading to proportionate and deterrent sanctions.
Ouagadougou, May, 21st;2023
The prosecutor of Faso
Harouna Yoda
