62. Pursuant to Article 9 (5)of the International Covenant on Civil and
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Political Rights, which provides that: « Anyone who has been the
victim of an unlawful arrest or detention shall have an enforceable
right to compensation.>> the Court believes that the abusive nature of
the length of keeping Plaintiff under police custody, at least opens the
way for Plaintiff to reparation, but, at the same time, cannot be
genuine ground to either make an order for the release of Plaintiff,
or the cessation of the trial, which is pursuant to the law; hence, the
Court declares that his pleas should be rejected.
, DECISION
For these reasons,
•
63. The Court, sitting in a public hearing, after hearing both parties,
and after deliberating:
• On violations
- D_eclares that Mr. Badini Salfo's arrest is not arbitrary;
-
•
Declares however that the period of police custody, of Plaintiff which
went beyond the legally approved period, under Law N°0172009/AN of 5 May 2009, on the Fight against highway armed
robbery, is abusive;
- Consequently, declares that there is partial violation of Article 6
of the African Charter on Human and Peoples' Rights;
- Declares that the acts of torture and inhuman and degrading
treatments invoked by Mr. Badini Salfo, pursuant to Article 5
.of the Charter, are not established;
- Declares that, for arresting, and keeping Plaintiff in police
custody, from 16 September 2011, and failing to bring him before
a judge, not until 27 December 2011, making a period of more
than three months, constitutes a violation of Articles 7(1)(d) of
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