004055
235 .
It is clear from this Article 58 that while certain restrictions are intended to
ensure the appearance and participation of persons in proceedings, others seek to
avoid possible obstacles to investigation, including pressures, popular actions, and
deletion or modification of evidence . In the present case, the Court considers that
in view of the grounds mentioned in this text and given the Applicant's position as
businessman
and
politician,
the
judicial
authority
could
reasonably
be
apprehensive of pressures from him or consultations between the various actors
of the export-import chain or indeed popular actions, and opt for custody rather
than freedom . Custody could be justified in the circumstances.
236.
As regards the duration of the remand in custody, the Applicant argues that for
the eight days, he was heard only once. The Court notes that whereas extension
of the detention period to a maximum of eight days is provided by law, the
opportunity for a hearing is assessed according to the progress of the investigation
procedure and its needs. The law,
a priori,
does not set the number of times a
person in police custody must be heard .
237.
The Court holds in conclusion that the Applicant's right to liberty and security of
his person guaranteed by Articles 6 of the Charter, 3 and 9 of the Universal
Declaration of Human Rights, has not been violated.
D. Alleged violation of the right to respect for dignity and reputation
238.
The Applicant alleges that he was brutally arrested without explanation as to
why he was arrested. He further alleges that the arrest was carried out instantly ,
without consideration, and in a high-handed and brutal manner without prior notice .
239.
He also alleges that the acquittal judgment on the benefit of the doubt
represents an affront to his honour; that, besides, the procedure of summary trial
to which he was subjected is an exceptional procedure intended only to arbitrarily
deprive him of his liberty and damage his reputation .
I