requires
the
Applicant
to
demonstrate
that,
being
in
the
same
circumstances, a person is treated differently from another person, to
his/her disadvantage. (See the cases AGRILAND CO. LTD v. REPUBLIC
OF COTE D'IVOIRE, Judgment No. ECW/CCI/JUD/07/15, pg. 14, § 46,
THE
NATIONAL
CO-ORDINATING
REPRESENTATIVES
GROUP
OF DEPARTMENTAL
OF THE COCOA-COFFEE SECTOR
(CNDD) v.
COTE D'IVOIRE, CCJELR (2004-2009) pg. 31).
81.
This position of the Court is supported by the jurisprudence of other
international courts for the protection of human rights. (See European
Court, case RATZENBOCK AND SEYDL y. AUSTRIA
(Application no.
28475/12)).
82.
In the instant case, the alleged ground for the discrimination is sex or
gender.
83.
As this Court observed in the case, DOROTHY CHIOMA NJEMANZE & 3
ORS v. THE FEDERAL
REPUBLIC
OF NIGERIA,
JUDGMENT
No.
ECW/CCJ/JUD/08/17, pg. 40 that: “4 systematic operation targeting only
the female gender provided evidence of discrimination”. (See also the case,
MARY SUNDAY v. FEDERAL REPUBLIC OF NIGERIA, Judgment No.
ECW/CCIJ/JUD/11/18, pg.5).
84.
In the instant case, following the understanding of the case law cited, it is
our understanding that the Applicant does not allege or demonstrate that
the police department failed to investigate and prosecute those accused of
the alleged rape due to the fact that the Applicant was a woman and that
this position was generally and systematically taken whenever the victim
was female.
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