The above mentioned human rights treaties, provides that deprivation of liberty within a State must in all cases be carried out in accordance with the law. It is pertinent to distinguish between a lawful detention and an arbitrary detention. For a detention to be considered lawful, it must be compatible with international law as well as domestic law. More especially, the grounds and procedure established by the national law must conform to international law. Arbitrary detention on the other hand is a detention not in conformity with the national or international law and which occurs without a legitimate or reasonable ground. What amounts to lawful detention or arbitrary detention depends on the circumstances of each case. In Guzzardi V. Italy (Application no. 7367/76) judgment Strasbourg November 1980 the European Court of Human Rights held that in order to determine whether someone has been "deprived of his liberty" within the meaning of Article 5, the starting point must be his concrete situation and account must be taken of a whole range of criteria such as the type, duration, effects and manner of implementation of the measure in question. In Badini Salfo V. The Republic of Burkina Faso ECW/CCJ/JUD/13/12 unreported, this court defined an arbitrary detention as any form of curtailment of individual liberty that occurs without a legitimate or reasonable ground, and is in violation of the conditions set out under the law. 15