ISSUE NO 3
Whether the allegation of violation of other rights Applicants as claimed
have been proved.
Apart from the allegation of the violation of the right to liberty already analysed
above, The Applicant also alleges the violation of the following rights: right to nondiscrimination (Article 2 of the Charter); equality before the law and equal
protection of the law (Article 3 of the Charter), right to life and integrity of his
person (Article 4 of the Charter), right to respect of dignity inherent in a human
being and prohibition from torture, cruel, inhuman and degrading punishment and
treatment (Article 5 of the Charter); to have his cause heard (Article 7 of the
Charter); right to work (Article 15 of the Charter, Article 23 of the Universal
Declaration of Human Rights (UDHR) and Article 6 of the International Covenant
on Economic, Social and Cultural Rights). He also alleges the violation of his rights
as protected under the Body of Principles for the Protection of All Persons Under
any Form of Detention or Imprisonment, as regards to the way he was treated while
in detention and his detention prior to his trial and conviction.
As earlier noted, the Court will examine the facts adduced to determine if they avail
the applicants of his claims.
On the right to non-discrimination
48.The Applicant alleges that his right to non-discrimination was violated by the
Respondent State, contrary to Article 2 of the Charter and Article 2 of the
UDHR. They provide for the enjoyment of human rights and freedoms without
discrimination based on race, ethnic group, colour, sex, language, religion,
political or any other opinion, national and social origin, fortune, birth or any
status.
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