GMT of 30 September 2010. The Court equally notes that Plaintiff was taken to Court in Ouagadougou duri6g the month of Decen1ber 2010, and that he was indicted and a committal order was made against him by the examining Magistrate on 27 December 2010. 1 1 • 21. The Court holds that an arbitrary detention is 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. One or all of these indices shall be said to be missing, if the detention, which is, at the beginning, not arbitrary, but is too prolonged. It thus leads to .an abusive detention. Hence, the essential legal issue is to determine is if, in the instant case, the curtailment of Plaintiff’s liberty, which the police custody constitutes, took place without any reasonable or legitimate ground, and is in violation of the laws of Burkina Faso. 22. Concerning putting a presumed criminal into police custody, the Burkina Faso criminal law envisages two situations. One of these is as provided for under Article 75 of the Code of penal procedure and the other i-s--. .-a·s provided for under Article 5 of Law n°0f7fight against _ highway armed 2009/AN of -5 ay 2009 ei11e robbery. The said Articles provide respectively, thus: ::.) Article 75 of the Code of penal procedure: · «If for the needs of the investigations,' the investigating police officer is required to keep under his custody one or many persons against whom there exist very incriminating facts, as to.' indictment, he cannot keep them for more than seventy. two hours. · The State Prosecutor [of Burkina Faso} may grant authorisation to prolong the period of police custody d'un by forty- eight hours. ·, • '· . .. 1 ......