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 . *** 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

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