religion, political or other opinion, national or social origin, property, birth or
other status.
52. The Court notes that the provisions of Article 3 of the Charter guarantee the
rights protected by Article 26 of the ICCPR, and that it is necessary to
examine the alleged violation of the Charter in conjunction with the ICCPR.
53. The Court emphasises that this instrument enshrines the rights to equality
before the law and equal protection of the law, which are inseparable from
the right to non-discrimination.11
54. The Court recalls its established jurisprudence that the right to equality
before the law means that all persons are equal before the courts and
tribunals, which means that the authorities responsible for executing or
enforcing the laws do so without discrimination.12
55. With regard to the right to equal protection of the law, it means that the law
must prohibit discrimination and guarantee equal and effective protection
against discrimination for all persons.13
56. The Court further notes that, in accordance with its established
jurisprudence, the rights to equality before the law and equal protection of
the law do not mean that the courts must necessarily deal with all cases in
the same way, since the examination of cases depends on their particular
circumstances.14
57. The Court recalls that it is a general principle of law that the burden of proof
of a human rights violation lies with the alleging party.15
11 Issiaka Keïta and Others v. Republic of Mali, AfCHPR, Application No. 005/2019, Judgment of 5
September 2023 (merits and reparations), § 90.
12 Keïta and Others v. Mali, supra, § 91; Kijiji Isiaga v. United Republic of Tanzania (merits) (2018) 2
AfCLR 218, § 84-85; Oumar Mariko v. Republic of Mali, AfCHPR, Application No. 029/2018, Judgment
of 24 March 2022 (merits and reparations), § 101.
13 Keïta and Others v. Mali, supra, § 92.
14 Norbert Zongo and Others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219, § 167.
15 Thomas v. Tanzania (merits), supra, § 492; Deogratious Nicolaus Jeshi v. Republic of Tanzania,
AfCHPR, Application No. 017/2016, Judgment of 13 February 2024 (merits and reparations), supra,
§ 24.
13