perpetrators, pursuant to the afore-mentioned provisions of Articles 670, 671, 672 et 674 of the Code of criminal procedure, which grant jurisdiction to the courts in Burkina Faso, because of the nationality of the perpetrators, of the crime, the indictment for the crime, by both the Togolese and Burkinabe laws, the official denunciation of the robbery operations by the Togolese authorities to their Burkina Faso counterparts, the identification in Burkina Faso of an act, which is characteristic of the crime. The Court is of a strong opinion that such a request cannot constitute a legitimate or reasonable ground for the elongation of the period of police custody. 31. As for the second correspondence dated 2 November 2010, it makes one to believe that it is a request for judicial assistance, or extradition. Indeed, it is framed as follows: « it is with great sigh of relief (...) that we learnt about the arrest, by your commands, of Messrs. Badini Salfo (... ) and others, the presumed authors, and a group of criminals and pe1petrators of armed robbery committed in Lome, on 21 August 2010 (... ). Thus, in order to allow these presumed perpetrators to answer for the acts they have committed, _ before the Togolese courts, in continuation of the judicial j . · proceedings that have been. initiated against them, for which a copy .· of the Minutes is hereby attached, I have the singular honour to - --: request that you should kindly put the afore - mentioned persons at the disposal of the Togolese National Gendarmerie(. .. )». After analysing the said correspondence, the Court notes that, at the date it was sent, the period of police custody . had already been prolonged, beyond the legally approved period, all in violation of the Burkinabe law. · 32. For all that, the Court observes that the Defendant State does not bring proof that the Burkina Faso courts were not in a position · to exercise their jurisdiction over cases of criminal activities committed on the territory of Togo, by Mr. Badini · Salfo, for the offenses he is accused, or in doing so, it could lead the national courts in Burkina Faso to act in a manner which is incompatible with the conventional obligations that bind the two countries, in terms of extradition, and judicial assistance in criminal matters. 13 I I

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