The ruling military junta of Burkina Faso is discussing the reintroduction of the death penalty for terrorism and related crimes, according to anonymous sources who spoke to AFP.

As noted by Human Rights Watch, the sources stated that the government had not provided a timeline for capital punishment’s reintroduction. Once the government decides the details of the amendment to the country’s criminal code, it will make a proposition to the Transitional Legislative Assembly (ALT). The ALT is expected to pass any proposal because a majority of its members were appointed by the ruling military junta.

The death penalty was abolished in Burkina Faso by a democratically elected government in 2018. The idea of reintroducing capital punishment comes as the military battles armed Islamist groups throughout the country.

The ruling government has received extensive criticism from rights groups including HRW for its restrictions on “journalists, dissidents, and political opposition.” There have also been allegations by rights organizations that the government has used forced conscription and abduction to silence human rights defenders in the country. According to HRW, those unlawfully conscripted have included journalists and magistrates who made legal rulings against the interests of the government. This has undermined the rule of law in the state by compromising the independence of the judiciary.

Article 6 of the International Covenant on Civil and Political Rights permits the death penalty if it is limited to punishment for “the most serious crimes in accordance with the law.” The forced conscription of magistrates would likely prevent capital punishment from being implemented in accordance with international law due to the compromise of judicial independence.

The previous ruling junta was ousted in 2022 for its perceived failure to combat armed Islamist groups. For this reason, the current junta’s power is based on its ability to win the war against Islamist groups. This could be one reason why the government is prioritizing the war over human rights concerns.