REPUBLIC OF GAMBIA, Judgment No. ECW/CCJ/JUD/03/08 in LR 20042009, (§15). 120. Also, the Court defined 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.” - See the case BADINI SALFO v. RÉPUBLIQUE DU BURKINA FASO, Judgment ECW/CCJ/JUD/13/12 - and referred in the case DAME HADJITOU MANI KORAOU v. RÉPUBLIQUE DU NÍGER, Judgment ECW/CCJ/JUD/06/08 the Court ruled that: “une détention est dite arbitraire lorqu'elle ne repose sur aucune base légale.” (§91) 121. The notion of arbitrariness also covers deprivation of liberty contrary to the standards of reasonableness, i.e. whether it is “just, necessary, proportionate and equitable as opposed to unjust, absurd and arbitrary”. (See African Commission, Communication No. 458/1991, in the case MUKONG v. CAMEROON and the Human Rights Committee in General Comment No. 35 §12). 122. The African Court on Human and Peoples’ Rights (AfCHPR), in its judgment in the case ONYACHI AND NJOKA v. TANZANIA (Application No. 003/2015 of 28 September 2017) highlighted the three criteria established by international human rights jurisprudence to determine whether or not a deprivation of liberty is arbitrary, as being the following: “(...) the lawfulness of the deprivation, the existence of clear and reasonable grounds and the availability of procedural safeguards against arbitrariness.”, having concluded that: “These are cumulative conditions and non-compliance with one makes the deprivation of liberty arbitrary.” 123. As set out in the “Principles and Guidelines on the Right to a Fair trial and Legal Assistance in Africa” adopted by the African Commission: “States must ensure that no one shall be subject to arbitrary arrest or detention, and that arrest, detention or imprisonment shall only be carried 23