Burkina Faso Restores Death Penalty.
Burkina Faso’s unelected parliament has unanimously adopted a new penal code reinstating the death penalty for high treason, terrorism, acts of espionage, parricide, and the importation of expired or prohibited products. Presented as a response to insecurity, the measure raises serious concerns about the protection of fundamental rights in a country where military rule has increasingly weakened democratic institutions and restricted political freedoms.
The decision marks a significant reversal in Burkina Faso’s legal trajectory. The country abolished the death penalty for ordinary crimes in 2018, while its last known judicial execution took place in 1988. Its reinstatement comes amid a prolonged political crisis triggered by two military coups in 2022, which reversed important democratic reforms introduced following the 2014–15 transition from the rule of longtime president Blaise Compaoré.
The current justice Minister defended the measure as necessary to combat terrorism, arguing that armed groups had exploited the previous law’s leniency by assuring recruits that they would face no more than life imprisonment. Yet the country’s security crisis has worsened despite the military’s repeated promises to restore stability. Armed extremist groups, militias, and government forces continue to inflict violence on civilians, while widespread displacement deepens the humanitarian emergency. Harsher punishments alone cannot address the underlying causes of insecurity or guarantee accountability for those responsible for abuses.
The political context makes the return of capital punishment particularly concerning. Since taking power, the junta led by Captain Ibrahim Traoré has postponed elections indefinitely, extending the transitional period until 2029, and systematically restricted dissent. Activists, political opponents, journalists, and judicial officials have faced arbitrary detention, enforced disappearances, and forced conscription. Against this backdrop, the criminalisation of high treason and espionage carries particular risks, potentially exposing critics of the authorities to severe punishment in a system where democratic oversight has been substantially weakened.
The erosion of fundamental rights extends beyond political repression. Government forces have been implicated in serious abuses against civilians, including the reported massacre of 223 people, among them at least 56 children, in Yatenga Province in February 2024. Islamist insurgents have also carried out deadly attacks, including the assault on Barsalogho in August of the same year. These abuses underscore the urgent need for independent investigations and accountability, rather than a further expansion of punitive powers without adequate safeguards.
The weaknesses of the justice system compound these dangers. Terrorism-related cases are handled by the Specialized Judicial Unit Against Terrorism-Related Crimes, established in 2017. Slow investigations and serious procedural shortcomings have raised concerns about defendants’ rights to a fair trial. In a system already struggling to guarantee due process, introducing an irreversible punishment increases the risk of wrongful convictions, inadequate legal defence, and miscarriages of justice that cannot be undone.
The dilemma facing judicial officials illustrates the gravity of these shortcomings. A former judge at the specialised terrorism court explained that suspects are sometimes in detention despite insufficient evidence, fearing that the military might summarily execute them if released. He described the dilemma as “better to violate the right to liberty in order to preserve the right to life.” With capital punishment restored, even this grim calculation may no longer protect suspects from the ultimate penalty, further undermining confidence in the justice system.
The decision also runs counter to the broader international movement towards abolition. The United Nations General Assembly and the African Commission on Human and Peoples’ Rights have urged states to establish moratoriums on executions, restrict the scope of capital punishment, and progressively reduce the number of offences punishable by death, with a view to its eventual abolition.
Ultimately, reinstating capital punishment will not resolve Burkina Faso’s security crisis. In a country facing escalating violence, political repression, and weakened judicial safeguards, the measure risks compounding existing human rights violations rather than delivering justice. By expanding the state’s power to take life while restricting avenues for accountability and dissent, the new penal code threatens to turn criminal law into another instrument of control. Restoring security requires independent institutions, fair trials, and respect for fundamental rights, not simply harsher punishments.
written by Clara Pescatori
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