51. As a consequence of the foregoing, the Court declares the Application
admissible.
VII. MERITS
52. The Applicant alleges that the judgment of the Respondent State’s Court of
Appeal violated his right protected by Article 2 of the Charter; his right to
equal protection before the law under Article 3(2) of the Charter; and his
right to a fair trial. The Court will proceed to address each of the Applicants’
allegations.
A. Alleged violation of the right to non-discrimination
53. The Applicant alleges that “the facts of the matter conducted by the Court
of Appeal are violating the fundamentals against human and peoples’ rights
under Article 2 of the Charter.”
*
54. The Respondent State did not submit on this point.
***
55. Article 2 of the Charter provides as follows:
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without
distinction of any kind such as race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social
origin, fortune, birth or other status
56. The Court recalls that the burden of proof for a human rights violation lies
with he/she that alleges. In the instant matter, the Court observes that the
Applicant neither makes specific submissions nor provides any evidence
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