oluwatosin oyeniyi OUAGADOUGOU, Burkina Faso — Burkina Faso’s parliament has unanimously approved a revised penal code reinstating the death penalty for several serious offences, reversing the country’s 2018 abolition of capital punishment and raising fresh concerns about human rights and the military-led government’s response to insecurity.
All 71 members of the country’s legislature voted in favour of the revised code on Tuesday, October 20, according to Justice Minister Edasso Rodrigue Bayala. The legislation restores capital punishment for offences including terrorism, espionage, treason, parricide and the importation of expired or prohibited products that result in death.
The decision marks a significant shift in the country’s criminal justice policy under interim President Ibrahim Traoré, who came to power following a military coup in September 2022. Human rights organisations have condemned the move, warning that the return of capital punishment could compound existing concerns about due process, political repression and the treatment of government critics.
Reversal of the 2018 abolition
Burkina Faso abolished the death penalty for ordinary crimes under its 2018 penal code, during the presidency of Roch Marc Christian Kaboré. The last known judicial execution in the country took place in 1988, according to human rights organisations.
The return of capital punishment follows a policy shift initiated by the military authorities. The Council of Ministers approved a bill to reinstate the death penalty in December 2025, setting the stage for the parliamentary vote.
Justice Minister Bayala has defended the policy as part of the government’s efforts to strengthen security and deter terrorism. He argued that armed groups could exploit the previous penalties by telling potential recruits they would face life imprisonment rather than execution if convicted of terrorist offences.
The government has presented the revised code as a measure intended to reinforce public order and protect citizens. However, critics question whether harsher punishments can address the causes of the country’s prolonged insecurity, particularly when armed violence is accompanied by allegations of serious abuses by state forces and militant groups.
Security crisis drives tougher penalties
Burkina Faso has spent years battling armed groups linked to al-Qaeda and the Islamic State across the Sahel. The violence has killed thousands of people, displaced millions and placed severe pressure on public services and state authority in affected areas.
The military government has made restoring security a central justification for its rule. Yet the continued insurgency has exposed the limits of a response focused primarily on military operations and punitive measures.
Human Rights Watch has warned that the return of the death penalty will not resolve the security crisis. Its researchers have also documented allegations of abuses by both government forces and armed Islamist groups, including violations affecting civilians. A 2026 report by the organisation found that government forces were responsible for more civilian deaths than jihadist groups over the period it examined, between 2023 and 2025.
These findings underline the importance of accountability across all parties to the conflict. Effective security measures require not only the capacity to prosecute serious crimes but also investigations that are credible, impartial and consistent with the law.
The reinstatement of capital punishment does not itself demonstrate that the government’s security strategy will become more effective. Whether it deters attacks, changes recruitment patterns or improves civilian protection remains uncertain.
Rights groups warn of risks to due process
Human Rights Watch and other rights organisations have criticised the reinstatement, arguing that the death penalty is an irreversible punishment and that weaknesses in the justice system increase the risk of wrongful convictions.
Human Rights Watch has raised concerns about procedural failures in terrorism-related cases, including slow investigations and problems that can undermine defendants’ fair-trial rights. In a system where suspects may be detained without sufficient evidence or have limited access to effective legal safeguards, the consequences of capital punishment could be particularly severe.
The concerns extend beyond terrorism prosecutions. Since taking power, Burkina Faso’s military authorities have faced criticism over restrictions on political and civic freedoms. Rights groups have reported the detention of critics, restrictions affecting journalists and civil society organisations, and measures that have narrowed political competition.
Against that backdrop, critics fear that broadly framed offences such as treason or terrorism could be applied in ways that discourage dissent. This is a concern raised by rights advocates, not proof that every prosecution under the new code will be politically motivated.
The government’s stated security objectives will therefore be tested against how the law is applied in practice, the independence of judicial proceedings and the ability of defendants to challenge the evidence against them.
A wider question about justice and security
The parliamentary vote raises a broader question for Burkina Faso and the wider region: how can governments respond to violent insurgencies without weakening the protections that prevent abuses of state power?
A credible justice system depends on reliable evidence, independent courts, access to legal representation and transparent proceedings. These safeguards are especially important in terrorism cases, where public pressure for swift punishment can be intense.
Alternatives to capital punishment include strengthening investigative capacity, improving intelligence-sharing under lawful oversight, protecting witnesses, prosecuting perpetrators through fair trials and addressing the conditions that allow armed groups to recruit. Civilian protection and accountability for abuses by all armed actors are also essential to restoring public confidence.
The international human rights system has repeatedly called on states to limit the use of capital punishment and move towards abolition. Burkina Faso’s decision runs counter to that direction and is likely to draw further scrutiny from regional and international institutions.
The immediate challenge is to determine how the revised code will be implemented and what safeguards will govern prosecutions. The government must also demonstrate that its security policies can protect civilians without exposing them to arbitrary or politically motivated punishment.
By restoring the death penalty, Burkina Faso has made a consequential change to its criminal justice framework. Whether that change contributes to greater security remains unproven. For human rights advocates, the more immediate concern is that the measure could make an already fragile environment for justice and political freedoms even more precarious.
