In Gahramanov v. Azerbaijan (application no. 26291/06), the Court considered that the period during which the applicant had been compelled to stay at the airport had not exceeded the time strictly necessary for fulfilling the relevant administrative formalities in order to clarify his situation. Indeed, his detention had not lasted more than a few hours and he had been allowed to leave the airport immediately after the checks had been carried out. Therefore, the Court concluded that his detention had not amounted to a deprivation of liberty within the meaning of Article 5 § 1 (right to liberty and security). In light of the above, though the plaintiff was detained, is there evidence to support arbitrary detention? We think so. The said detention could not have been a necessary means of obtaining the said passport. Once there a detention, the burden is on the Defendant to establish that it was not arbitrary. The law presumes that it is unlawful and arbitrary unless the contrary is proved. It is not lawful to detain a person for the purpose of his showing his travel documents or to calm him down. In this circumstances, the Plaintiff was leaving the Country after having passed through the same border two days earlier, May be the position would have been different if he was entering the Country; in which case it would have been reasonable to deny him entry or detain him. Unreasonably, detention for purposes of calming down or obtaining travel documents is not within the purview of the ECOWAS Protocol on free movement. 17

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