·· reasonable ground, before presenting him to a judge on 27 December 2011, has manifestly elongated, in a manner that is prejudicial to the whole procedure that could lead to the trial of Plaintiff. The Court therefore concludes that there is violation of Articles 7.1 (d) of the Charter and 9.3 of the International Covenant on Civil and Political Rights. A- On the violation of Article 7.1(b) of the African Charter on Human and Peoples' Rights. - Plaintiff • 42. Mr. Badini Salfo claims that, by introducing him to the Press during November 2010, and labeling him as the head of an armed robbery gang «who was creating terror, both in Burkina Faso and ' beyond [the] borders [of Burkina Faso] » and as a « criminal » has infringed upon his right to presumption of innocence and « thus pronouncing a judgment against him whereas his case was yet to be taken before a competent judge. » . - The Republic of Burkina Faso ' - 43. Counsel to the Republic of Burkina Faso did not raise any counter view concerning this claim. Legal Analysis by the Court. 44. Article 7.1(b) of the Charter provides : < < every individual shall have· the right to have his cause heard. This comprises: the right to be pres111ned innocent until proved guilty by a competent court or tribunal (...). ” 45. To arrive at the conclusion that his introduction to the Press constitutes a violation of his right to presumption of innocence, Plaintiff also bases his claim, apart from this introduction to the Press itself, on the sensational coverage that one of the dailies in Ouagadougou« L'Observateur Paalga » has done of it, in its ,issue n°7760 of Friday 19 to Sunday 21 November 2010, which he 17 ---------------- ---

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