from the proceed ings, the 1 items seized establish perfectly that Plaintiff is the presumed perpetrator of the acts, and above l all, witnesses' accounts, claims and counter claims on armed robberies, resulting in deaths, involving Plaintiff and his gang members, his own statements, as well as those of some members of his gang, and family, constitute serious grounds for indictment that make the Gendarmerie to conclude that « Mr. Badini Salfo and members of his gang are the presumed authors of the armed robbery that took place on the Togolese territory». Thus, Counsel to Defendant concludes that Mr. Badini Salfo was not arrested arbitrarily. e I • 13. Concerning the period of custody for Plaintiff, the Defendant State claims that Mr. Badini Salfo and members of his gang were placed in custody on 16 September 2010, at 15 hours GMT. He adds that, considering the determination . of the Togolese judicial authorities, requesting that Plaintiff and members of the dangerous gang that he heads be put at their disposal, informal exchanges were initiated by the Togolese judicial authorities, on the poss'ible extradition of the presumed perpetrators to Togo. He further claims that the official request from the Togolese authorities << to transfer the presumed perpetrators >> to Togo was only formalized on 2 November 2010, v1a correspondence n°0291 /4-GW/CAB/CB, and that these negotiations between the two countries required that Mr. Badini Salfo and his gang members be kept in custody, pending further instructions on the said negotiations, and the reply to give to them, as well as the need for the investigations, which were still ongoing, on each side of the two borders, in order to better examine the request from the Togo Gendarmerie. He rejects the allegations without proofs, by Plaintiff, seeking to make believe that the State Prosecutor of Burkina Faso was not aware of the proceedings, or that the Gendarmerie has . brushed aside the instructions of the Tribunal, whereas the State Prosecutor of Burkina Faso was well acquainted with all goings- on about the case. I 14. Defendant further points out that, once the doubt was removed from the Burkina Faso authorities intention not to transfer the indicted persons to the disposal of the Togo Gendarmerie, but to try them in Burkina Faso, Plaintiff was brought before the Tribunal, 6 , .. ·