which, by a brief dated 24 December 2010, requested the examining Magistrate to initiate ·proceedings, and to place Mr. Badini Salfo and others under a committal order, for association of criminals, grave stealing and obtaining stolen goods, pursuant to Law n°0172009/1N on armed robbery. 15. According to the Defendant, Mr. Badini Salfo was thus indicted, and a committal order was issued against him on 27 December 2010 by the examining Judge, who, by an Order dated 21 June 2011, prolonged his preventive detention, with effect from 27 June 2011, « this order does not give any guarantee of being represented in court. » • l6. Thus, the Defendant State claims that Plaintiff was put in preventive detention, and that the proceedings were still ongoing, consequently, it concludes that the custody in which Mr. Baldini Salfo is place dis not arbitrary, and that his right to be heard by a competent judge was not infringed upon. Legal analysis by the Court. i) As to the arbitrariness of Plaintiff’s arrest. 17. The Court notes that Mr. Badini Salfo was arrested within the • framework of investigations opened by the Search Department of the National Gendarmerie of Burkina Faso, located in Ouagadougou, as a reply to the request for cooperation made on 26 August 2010, by the Director General of the Togolese National Gendarmerie, following an armed robbery that occurred on Togolese territory, on 21 August 2010, against the person of the Representative ; of « Kanis International », a corporate individual, whose Headquarters is in Ouagadougou. From the content of t he aforementioned request for judicial cooperation, it can be deduced that the request specifically borders on the «· identification (...) of a sample of (.. ) ammunitions » [which were said to have been used in the robbery operation.] The said correspondence also indicates that<< exhibits and witnesses) accounts that were recorded relating to· the pe1petrators point to the conclusion that they came from 7 ·------------------- - ---- ------ --- -------------- --- --- ------- - ----