about and respectful of the fundamental principle of separation of powers, did:"in
no way make any statement regarding the case, let alone meddle in it.
***
246 .
The Court notes that the Applicant avers not only that the conditions of his arrest
and the acquittal judgment have undermined his dignity, but also that the remarks
made by the Head of State cast a slur on his reputation and honour.
i. Allegation that the conditions of the Applicant's arrest undermined
his dignity
247.
The Court notes that, as the Charter does not specify the time , form and content
of the information to be given to a person to explain the reasons for his arrest,
international jurisprudence considers that information must be complete and
intelligible and must be provided within a very short time frame. The arrest must
therefore be based on plausible grounds, that is, on facts or information capable of
persuading an objective observer that the person arrested may have committed
the offence. For this reason, the Court undertakes a case-by-case analysis based
on the specific circumstances of each case.
248.
In the instant case, the Applicant was arrested on 28 October 2016 at the end
of a press conference he had just conducted on the case of the discovery of
cocaine . In the circumstances, the Court notes that even in the absence of prior
notice, the Applicant, at the time of his arrest, was not unaware of the reasons as
to why the officers of the Gendarmerie of the Port of Cotonou, who initiated the
investigation, came for him. The Court also holds that the lack of prior notice cannot
be considered as a violation of the right of the individual where the circumstances
of a case, the gravity of the offence or the speed of the proceedings may justify
instant arrest. The reasons for arrest , in such cases, may be given verbally and onthe-spot at the time of arrest.
I