230 .
It asserts that police custody is a measure that reduces a person's freedom to
come and go during an ongoing procedure, particularly in the case of police
investigation ; that the measure applies to everyone and the Applicant is not justified
to invoke his social or political position to evade the measure.
231.
The Respondent State also invokes the provisions of Article 58 of the Benin
Code of Criminal Procedure and contends that the Applicant's arrest and detention
are not arbitrary in so far as they are legal and well-founded .
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232.
Article 6 of the Charter stipulates that: "Every individual shall have the right to liberty
and to the security of his person. No one may be deprived of his freedom except for
reasons and conditions previously laid down by law. In particular, no one may be arbitrarily
arrested or detained ". Articles 3 and 9 of the Universal Declaration of Human Rights
provide, respectively, that: "Everyone has the right to life, liberty and security of
person"(Article 3) and "No one shall be subjected to arbitrary arrest, detention or exile"
(Article 9).
233 .
It is clear from this text that deprivation of liberty is an exception that is subject
to strict requirements of legality and legitimacy, such that arrest or detention is
considered as arbitrary where it has no legal basis or contravenes the law.
234.
On this point, the Court notes that Article 58 of the Benin Code of Criminal
Procedure enshrines freedom as a principle and provides that a person may be
detained only where the measure guaranteeing the person's maintenance at the
disposal of the investigators is the only way to achieve one of the objectives listed
as: 1) allow for the execution of investigations involving the presence or
participation of the person; 2) guarantee the presentation of the person before the
State Attorney for the purpose of enabling the latter to evaluate the outcome of the
investigation; 3) prevent the person from modifying proofs or physical evidence; 4)
prevent the person from putting pressure on witnesses or victims and their families ;
(5) prevent the person from consulting other persons susceptible to being his coperpetrators or accomplices; 6) ensure implementation of measures to put an end
to inordinate actions.
I