1
There is nothing, in the Burkinabe laws that prevents the Defend n
State, from referring Mr. Badini Salfo's case to the Burkina Faso
courts, in order to examine the requests from the Togolese
authorities, regarding extradition and judicial assistance. In these
circumstances, the request for cooperation made by the
Togolese authorities, no matter what form it took (whether
written or oral) or even the subject - matter of such request,
cannot be admitted by the Court, as constituting a legitimate or
reasonable ground for the elongation, beyond the legally
approved period, of the police custody of Mr. Badini Salfo.
Consequently, the Court concludes that the elongated police
custody of Plaintiff was abusive.
1
•
33. From all the foregoing, the Court declares that there is
partial violation of Article 6 of the African Charter on Human
and Peoples' Rights.
A- On the violation of Article 5 of the African Charter on Human
and Peoples' Rights.
Plaintiff
...-·,
.... . ;
-
34. Plaintiff claims that during his detention, he was put in chains, from
hands to legs, like a wild animal, and was deprived of food, for two
weeks, and was put to 1noraL torture, all these which are debasing to
human dignity. He supports his claims with the facts that, by arresting
and detaining him as the Defendant State did, all in violation of Articles
75 of the Code of criminal procedure applicable in Burkina F aso, and
5 of the Law on the Fight against Highway armed robbery, despite the
injunctions of the judicial authority, for more than sixty (60) days, the
Republic of Burkina Faso has failed in its obligations which are binding
on it, pursuant to Article 5 of the Cha\ter. He further claims that, by
depriving him of his right to have his case heard by a competent judge,
during the legal period of police custody, in order that the judge could
examine his indictment or otherwise, constitutes a cruel and inhuman
treatment. Thus, he concludes that The Defendant State has violated his
human rights, as guaranteed under Article 5 of the African Charter on
14
- ----- - ·----- ---- --- - ----