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 '·· . ' ' 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 12 ' --------- ---- -----------·---- -------- - --- -------------- -----------------

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