within and outside of the Burkina Faso territory. He avers 1that he was taken to the Gendarmerie, the same day, together with all other persons, especially those that passed in front of his home, at the time of the arrest. 7. Counsel to Plaintiff avers that, at the expiration of the legal time - limit of preventive detention, he verbally informed the Chambers of the State Prosecutor, of Burkina Paso, on 27 September 2010, of the presence of Plaintiff in the Gendarmerie, in violation of any legality, and all human rights protection instruments. He also states that, despite the promptness, with which the Chambers of the State Prosecutor reacted to the news, and requesting that Plaintiff be transferred to his own custody, pursuant to Article 39.1 of the Code of penal procedure, which provides that: «Claims and counter claims shall be filed at the State Prosecutor's Chamber, who shall decide on which action that shall be given to them. In case the matter is filed away, for lack of grounds, he shall so inform Plaintiff (... ) », the said Gendarmerie failed to respond. Following this first setback, a correspondence dated 21 October 2010 was again forwarded to the Chambers of the States prosecutor by Plaintiff who had just spent a whole month in custody. He claims that despite the repeated request from the Chambers of the State Prosecutor, the officers of the Investigative Police, in the Search Department of the Gendarmerie, again failed to comply. He avers that, by so behaving, the said Officers have infringed upon Mr Badini Salfo's right to be heard by a competent Judge empowered by law, to judge, and to guarantee, both individual and collective public freedom and liberties, pursuant to the provisions of Article 25 of the Constitution of Burkina Paso. i ' 8. Plaintiff further avers that, having failed to be brought before a competent judge, he equally solicited, via a correspondence dated 29 October 2010. the intervention du Prosecutor General at the Court of Appeal in Ouagadougou, pursuant to Article 37 of the Code of Criminal Procedure, which provides --------- -------------- --- 4 --- - ------------- -