- Legal Analysis of the Court • • I I 59. Whenever the Court observes that there is human rights violation, the measures that it orders have, as final aim, the cessation of the said violations and reparations. The Court takes into account, the circumstances for each case, in order to make adequate orders. The legitimacy of the measures as well as their chances of realisation are the principles that guide the Court, in its pronouncements. When examining a case, whose proceedings are still on - going in a Member - State, the decisions of the court are riot geared towards interfering with the decisions that national courts shall take in their own proceedings. The Court cannot make orders, whose enforcement shall be seen to w_eaken or rubbish the .. authority and independence of the judge in the national court, in the i. examination of cases that are brought before it. t 60. From the exhibits contained in the case file, it can be deducted that the · grievances of human rights violation, for which the Republic of Burkina Paso is accused, are within the framework of a criminal procedure, still on- going, pursuant to the provisions of laws and rules in vogue in that country. In this regard, the Court already found out that, if Plaintiff's arrest, for the acts provided for, and punishable under the laws of Burkina Paso, is not arbitrary, pursuant to Article 6 of the African Charter on Human and Peoples' Rights, the police custody that Plaintiff was placed, went beyond the legally approved period, and therefore, was abusive, and, as such, constitutes a violation of the same Article. 61. The Court points out that A1iicle 6 of the Charter provides for the restriction of ··freedom of movement, on the grounds and conditions that are provided for under the law; the Court also points out that Mr. Badini Salfo was, after the period of police custody, indicted,· and placed in preventive detention, by the investigative judge, on the basis of the crimes for which he is accused; the Court ) thus holds that such a detention, premised on legal basis, is pursuant to the provisions of Article 6 of the Charter. 22 ·---------·---------- -- - - --------- -----