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Burkina Faso’s unelected legislature has unanimously adopted a revised penal code restoring the death penalty for five categories of offences, reversing the country’s 2018 abolition of capital punishment for ordinary crimes.
All 71 members of the Assembly voted in favour of the new code on Tuesday, October 20, 2026, according to Justice Minister Edasso Rodrigue Bayala. The offences include high treason, terrorism, espionage, parricide and the importation of expired or prohibited products that result in death.
The decision comes under the military-led government of Captain Ibrahim Traoré, who took power following a coup in September 2022.
The government has defended the return of capital punishment as part of its efforts to strengthen public security and respond to serious crimes, particularly terrorism.
Justice Minister Bayala argued that the previous penal framework was insufficient to deter armed groups. Authorities have presented the revised code as a way to strengthen the country’s response to terrorism and other serious offences.
Burkina Faso has faced a prolonged security crisis involving armed groups linked to al-Qaeda and the Islamic State. The violence has caused thousands of deaths and displaced large numbers of people across the country.
Human Rights Watch has condemned the decision, warning that reinstating the death penalty could further threaten civil liberties and be used to intimidate critics of the military authorities.
The organisation has also documented allegations of abuses against human rights defenders, journalists and other government critics during military rule. These include arbitrary detention and other restrictions on civic and political activity.
Rights advocates have raised concerns about the risk of wrongful convictions, particularly where judicial safeguards may be inadequate. Because executions cannot be reversed, a miscarriage of justice resulting in a death sentence would have irreversible consequences.
The government’s stated security objectives and the concerns expressed by rights organisations underline the debate surrounding the new penal code.
Burkina Faso abolished the death penalty for ordinary crimes in 2018 under then-President Roch Marc Christian Kaboré. According to Human Rights Watch, the country’s last known judicial execution took place in 1988.
The revised code reverses that policy nearly eight years later, marking a significant change in the country’s criminal justice framework.
The legislation was adopted as Burkina Faso continues to confront insecurity while facing international scrutiny over human rights and political freedoms.
The new code’s implementation and application will be closely watched by rights organisations, particularly regarding the offences covered, the fairness of trials and the safeguards available to defendants facing capital charges.
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