out strictly in accordance with the provisions of the law, and by competent
officials or persons authorized for that purpose, pursuant to a warrant, on
reasonable suspicion or for probable cause.” (See Principle M. [1.(b)])
124. Detention or deprivation of liberty occurs as soon as an individual is
forcibly held in a police station or prison or when an authority orders him/her
to remain in a certain place.
125. And the indication of the beginning of the deprivation of liberty makes
it possible to control the overall duration of the possible detention.
126. As the European Court of Human Rights held in the case of
GUZZARDI V. ITALY, Application No. 737/76 (1980), to determine whether
a person has been deprived of his liberty under Article 5: “the starting point
must be his concrete situation and account must be taken of a whole range
of criteria such as type, duration, effects and manner of implementation of
the measure in question”.
127. And, as the Human Rights Committee has pointed out: “Review of the
factual basis of the detention may, in appropriate circumstances, be limited
to review of the reasonableness of a prior determination.” (See General
Comment No. 35 §39)
128. Detention or imprisonment is considered arbitrary when it is not in
conformity with national or international law, and it happens whenever it
lacks legitimacy or reasonable grounds. (See the judgment of this Court
ECW/CCJ/JUD/05/17, rendered in the case of BENSON OLUA OKOMBA v.
REPUBLIQUE DU BENIN (p.16).
129. As this Court stated in Judgment No. ECW/CCJ/JUD/04/09, rendered
in the case AMOUZO HENRI ET OUTRES v. REPUBLIQUE DU CÔTE
D'IVOIRE, “...une detention peut être au départ exempte d'observations,
c'est-à-dire être légale, et devenir postérieurement arbitraire, au delà d'un
délai raisonnable dans lequel le détenu doit être jugê.” (§ 88)
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