· .. Burkin1a-Faso ».Thus, it appears that Mr. Badini Salfo was arrested
within the framework of the search for the perpetrators of the
infringement on the penal law, notably on the strength of
information, which portrayed him as the << brain behind the gang
of robbers>> that the Gendarmerie was looking for.
18. Article 6 of the African Charter on Human and Peoples' Right
provides that: << Every individual shall have the right to liberty
and to the security of his person. No one may be deprived of his freedom
except for reasons and conditions previously laid down by law. In
particular, no one may be arbitrarily arrested or detained. >>
19. The Court believes that, according to the African Charter,
any arrest-:that takes place, without legitimate or reasonable
ground is arbitrary, and it violates the conditions pre viously
established by law. II ressort de l'analyse des éléments du dossier
que Monsieur Badini Salfo a été arrêté dans le cadre d 'une enquête
judiciaire pour des infractions pénales. In these conditions, the
Court is of a strong opinion that the arrest that took place, on
. the ground of the fight against highway armed robbery, and
, , pursuant to the provisions of the penal law (Code of criminal
procedure and Law n°017-2009/AN of May 2009 on the fight
against highway armed robbery), and above all, within the
framework of judicial cooperation with the Togolese
Authorities is not arbitrary.
ii)
,_
·,
On the arbitrariness of the police custody under which
Plaintiff was placed:
20. The Court points out that even if the exact date of Mr. Badini
Salfo 's arrest does not appear clearly in the case file, (15 September
according to Plaintiff and 16 according to the Minutes of the
investigations proceedings), it nevertheless can be ,deduced that the
placement of Plaintiff under police custody took place, on the
. strength of the existence of «serious and incriminating indices of
indictment»; According to the Minutes of proceeding of the
preliminary investigations, Plaintiff was placed under police
custody from 16 September 2010 at 15 hours GMT to 15 hours
8
.
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