on the condition that such an offense has been noted and adjudged
as a crime, by a final decision from the foreign land's court. >>
Article 672:
In a case of an offense committed against an individual,
proceedings shall only initiated upon an Application by the Justice
Ministry,· such an Application must be preceded by a complaint
from the aggrieved party or by a formal information from the
authorities of the country where it has been committed, to the
[Burkinabe] authorities. »
<<
Article 674:
Shall be deemed to have been committed on the national
territory [of Burkina Faso] any offense that is characterized by
any of these constituting acts that are committed on the territory
of [Burkina Faso]. >>
<<
29. The Court observes that, in these conditions, Burkina Faso
produced, in its concluding writs, two letters written to it, by the
Togolese Authorities from which the first one concerns «a request .
for judicial assistance », the second relating to « a request for
'··
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extradition of the criminals ».
30. The Court notes that the first correspondence dated 26 August
2010, through which the Director General of the Togolese National
Gendarmerie pleaded with the .Chief of Head Quarters of the
Gendarmerie of Burkina Faso to “kindly do everything possible to
assist in identifying, from his competent Commands, a sample of (
...) ammunitions, which are currently under the custody of the
Head of Search and Investigations Departments of the National
Gendarmerie of Togo.» can really be understood to be a request for
judicial assistance, aimed at furnishing information and exhibits.
Such a correspondence predates the measure of police custody, and
there 1s no request of extraditing the criminals, or any other request
that could be likened to a request that could prevent the Burkinabe
Authorities to initiate criminal proceedings against the presumed
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