1 There is nothing, in the Burkinabe laws that prevents the Defend n State, from referring Mr. Badini Salfo's case to the Burkina Faso courts, in order to examine the requests from the Togolese authorities, regarding extradition and judicial assistance. In these circumstances, the request for cooperation made by the Togolese authorities, no matter what form it took (whether written or oral) or even the subject - matter of such request, cannot be admitted by the Court, as constituting a legitimate or reasonable ground for the elongation, beyond the legally approved period, of the police custody of Mr. Badini Salfo. Consequently, the Court concludes that the elongated police custody of Plaintiff was abusive. 1 • 33. From all the foregoing, the Court declares that there is partial violation of Article 6 of the African Charter on Human and Peoples' Rights. A- On the violation of Article 5 of the African Charter on Human and Peoples' Rights. Plaintiff ...-·, .... . ; - 34. Plaintiff claims that during his detention, he was put in chains, from hands to legs, like a wild animal, and was deprived of food, for two weeks, and was put to 1noraL torture, all these which are debasing to human dignity. He supports his claims with the facts that, by arresting and detaining him as the Defendant State did, all in violation of Articles 75 of the Code of criminal procedure applicable in Burkina F aso, and 5 of the Law on the Fight against Highway armed robbery, despite the injunctions of the judicial authority, for more than sixty (60) days, the Republic of Burkina Faso has failed in its obligations which are binding on it, pursuant to Article 5 of the Cha\ter. He further claims that, by depriving him of his right to have his case heard by a competent judge, during the legal period of police custody, in order that the judge could examine his indictment or otherwise, constitutes a cruel and inhuman treatment. Thus, he concludes that The Defendant State has violated his human rights, as guaranteed under Article 5 of the African Charter on 14 - ----- - ·----- ---- --- - ----

Select target paragraph3