000294
72. With regard to the right to equal protection of the law, the Court observes that this
right is recognised and guaranteed in the Constitution of the Respondent State.
The relevant provisions (Articles 12 and 13) of the Constitution protect the right in
terms similar to the Charter, including prohibiting discrimination. ln this regard, the
Applicant has not indicated in his submissions any other law that runs counter to
the essence of the right to equal protection of the law.
73.With respect to the right to equality before the law, the Court notes from the record
that the Court of Appeal examined all the Applicant's grounds of appeal and found
that they lacked merit. As specified in paragraph 60 above, this Court has not found
that the Court of Appeal's assessment of the evidence was done in a manner that
infringed on the Applicant's rights to equality before the law and to equal protection
of the law. Furthermore, the Court has found no evidence showing that the
Applicant was treated differently, as compared to other persons who were in a
situation similar to his.1,
74.1n view of the foregoing, the Court dismisses the Applicant's allegation that the
Respondent State has violated Article 3 (1) and (2) of the Charter.
VIII.
REPARATIONS
75. ln his Application, the Applicant, among others, prays the Court to order his release
from custody by quashing his conviction. The Applicant also requests the Court to
issue any other order for his benefit.
T6.Article 27(1) of the Protocol stipulates that: "lf the Court finds that there has been
violation of a human or peoples' rights, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation."
11
Application No. 006/2016. Judgment ot 07/12/2018 (Merits). Mgosi Mwita Makungu v United Repubtic
of Tanzania, $ 66.
19
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