26:- The Republic of Burkina Faso justifies that situation by .the
prevailing circumstances of the case, notably the existence of
bilateral negotiations between the Burkinabe and Togolese
authorities concerning the request for cooperation, made by the
Togolese authorities, and which took the form of a request of
extradition of the presumed authors and/or a request to hand over
the said authors.
27. The Court now tries to unravel the genuineness of such claims
as to constitute a legitimate or reasonable ground justifying the
prolonged police custody of Mr. Badini Salfo, beyond the legally
approved period.
28. But, before doing so, the Court notes that, concerning the crimes
committed by Burkinabe nationals outside the shores of the
country, the Burkina Paso Code of criminal procedure empowers
the Burkina Paso courts to adjudicate, this, under its Articles 670,
671, 672 and 674. Indeed, the said Articles provide as follows: -
Article 670:
;>
k znational
Any [Burkinabe] national who, outside
the
territory
((71ny fof
vDur
na
[of Burkina Faso is found guilty of an offense, qualified as crime,
and which is punishable under the [Burkinabe] law shall be tried
and adjudged by the courts [in Burkina Faso].
0
•
•
· Any [Burkinabe] national who, outside the national territory [of
Burkina Faso} is found guilty of an act qualified as crime, and
punishable under the laws [of Burkina Faso] shall be .tried and
adjudged by the courts [of Burkina Faso] if the offense is
punishable by the law of the country where it was committed
(...).
))
Article 671 :
“ Whoever has associated himself with a crime or an offense
committed either on the .territory [of Burkina Faso] or abroad
shall be tried and adjudged by the [burkinabe courts] if the offense
is punishable both by the foreign law, and by the [burkinabe law]
11