Article 5 qf the Law on the fight against highway 1rm d
1
robbery:
«If, for the needs of the investigations, the investigating police
officer or the Magistrate is required to keep under his custody
one or many persons, mentioned under Article 2 [authors, co
- authors, accomplices, receivers of stolen goods}, he cannot
keep them for more than ten days.
This period may be elongated by five days, upon authorization
by the State Prosecutor · of Burkina Faso. >>
23. Thus, if, pursuant to Article 75 of the Code of criminal
procedure) the period of police custody cannot exceed five
(05) days, it cannot exceed fifteen (15) days, pursuant to Law
n°017-2009/AN of 5 May 2009 on the fight against highway
armed robbery.
24. Whereas the Court notes that Mr. Badini Salfo was placed
under police custody, pursuant to Law n°017-2009/AN of 5
May 2009 on the fight against highway armed robbery,
as shown on the minutes of proceedings of preliminary
investigations. In the instant case, pursuant to the penal law of
Burkina Faso, the provisions of Article 5 of the said Law are
applicable to the police custody under which he was kept.
25. The Court notes that between 16 Septe1nber 201 0, the date
on which Plaintiff . was put under police custody and 27
December 2010, the date on which he was indicted, 3 months
and 8 days have lapsed. Furthermore, the Court notes that the
Republic of Burkina Faso did not produce, in its writs and
exhibits, the authorizations to elongate the period of police
custody that the State Prosecutor ?f Burkina Faso should have
approved, pursuant to the afore- mentioned Law. The Court
therefore holds that the period of police custody of Plaintiff
exceeded ten days, and even fifteen days, if it were legally
prolonged, all in total violation of Article 5 of the afore mentioned Law.
10
---·-------
\
.
\