137. Having found that the Applicant was denied a right, to be
heard, to defend himself and to legal assistance, the Court therefore
finds that the Respondent has violated its obligation under Article 1
of the Charter.
VI.
The alleged Denial of the Right to Equality Before the
Law and Equal Treatment of the Law
138. The Applicant makes general allegations regarding the
violation of his right to equality before the law and equal treatment of
the law as provided for in Article 3(1) and (2) of the Charter.
139. On its part, the Respondent maintained that Articles 12 and 13
of the Constitution of the United Republic of Tanzania enshrine these
rights and that the Applicant has failed to demonstrate how these
guarantees of equality were not applied to him therefore resulting in
the alleged violations.
140. The Court finds that the Applicant has failed to substantiate
how the guarantees of equality before the law and equal treatment
of the law have resulted in a violation of Article 3 of the Charter. The
Applicant has failed to show whether and how he was treated in a
manner different to that meted out to others who were in the same
position as he was. General statements to the effect that this right
has been violated are not enough. More substantiation is required.
The Court therefore finds no violation of the said article.
!
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