that: « Security officer are placed under the supervisor of the
State prosecutor (... )>>; and that, instead of transferring him
to the custody of the Prosecutor, they rather organized a
Press conference, and introduced him to the Press in Burkina
Faso.
9. Plaintiff points out that, at the time his case was brought
before the Honourable Court, he had spent more than 60 days
in custody, in violation of every legality; consequently, he
concludes that, not only his arrest and detention were
arbitrary, and violate Article 6 of the African Charter on
Human and Peoples ' Rights, but also, he was prevented from
being heard by a competent Judge empowered u der the law.
- The State of Burkina Faso
10. Concerning the arrest of Plaintiff, the Defendant State claims
that on 21 August 2010, around 19 hours GMT, some armed
robbers carried out an operation in Lome, Republic of Togo.
According to the indices found about the armed group of men, and
firsthand information· gathered, the Togo Gendarmerie came to the
conclusion that the authors of the armed robbery highly
probably came from Burkina Faso. The Togo Gendarmerie therefore
sent one· officer, with a << Request for- Assistance >> dated 26
August 2010, and pleaded that the investigation should be carried
out in Ouagadougou.
I ..
11. Defendant also claims that, having taken over the case, the ,
Burkinabe Gendarmerie, through its Search Department, after
investigation and information gathered in Ouagadougou, Mr.
Badini Salfo, was the brain behind the group of armed robbers that
struck in Lome. The Burkinabe Gendarmerie therefore arrested
him, while he was in a meeting with other members of his gang,
planning their next armed robbery operation.
12. According to Counsel to Defendant, the search conducted in the
home of Mr. Badini Salfo, led to the seisure of the exhibits
presented before the Honourable Court; he also points out that,
s
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