The judicial system, as currently organized and run pursuant to the 1991 Constitution and the organizational instruments, is based on democratic principles and seeks to guarantee collective and individual freedoms and civil, political, economic, social cultural and other rights for all inhabitants of Burkina Faso. The right to a defence, including the right to choose a defence counsel, is guaranteed before all courts. Whatever is not prohibited by law cannot be prevented and no one may be forced to do anything that is not required by law. Criminal law is not retroactive. No one may be tried or punished except on the basis of a law promulgated and published prior to commission of the punishable act.
Penalties are personal and individual.
Individuals who suffer arbitrary and undue infringements of their freedoms and civil rights by political or administrative authorities, public officials, ministers or, in general, any person vested with public authority, have the right to institute proceedings before the courts to obtain condemnation of and compensation for the acts of which they were the victims. A public official, agent or employee of an administration who orders or carries out an arbitrary or improper act that is an infringement of the individual freedom or the civil rights of one or more citizens shall be punished by a term of imprisonment. With regard to the safeguarding of citizens against arbitrary acts by the judiciary, the same Act provides for a term of imprisonment for magistrates, judges or public officers who hold an individual in custody or have him held at a location other than those specified by the Government or the public administration or who bring a citizen before an assize court without formal committal proceedings. In support of this provision, officials responsible for the administrative or judicial police who refuse or omit to refer a complaint by individuals regarding illegal or arbitrary detention to the appropriate authorities shall be sentenced to forced labour and held liable for damages. In addition, warders or keepers at prisons or penitentiaries who admit or detain a prisoner without a warrant or judicial decision shall be deemed guilty of arbitrary detention and liable as such to a term of imprisonment of between six months and two years and to a fine of between 25,000 and 75,000 CFA francs.