153. The Court holds that it is incumbent on the Party purporting to have been a victim of
discriminatory treatment to provide proof thereof.19
154. In the instant case, the Court notes that the Applicant has not shown
been discriminated against in terms of the way the Tanzanian
how he has
law on legal assistance
was applied to him. He has not shown, in particular, that the law was applied differently
to other people
in the same
situation as himself.
The
Court therefore
dismisses
the
allegation and holds that the Respondent State has not violated Article 3 of the Charter.
G) The allegation that the Applicant did not receive timely communication
of the
indictment and statements of witnesses to enable him defend himself
155. At the Public Hearing, Counsel for the Applicant alleged that the latter repeatedly
requested copies of the indictment and the witnesses’ statements to enable him defend
himself, but without success; that his first request was made on 26 May 1997 but that it
was only fifty days later that he received only one witness statement; that five months
later, the Prosecutor admitted to failure to bring the statements of the other witnesses due
to shortage of stationery; that on 17 October 1997, the Applicant reminded the court that
he had received only one witness statement, but that, at that point, the Prosecutor denied
and
claimed that all the documents
decided
to
proceed
with
had been given; and that despite all that, the court
consideration
of
the
case
without
investigating
these
shortcomings.
156. At
the same Public Hearing, the Respondent State, relying on the records of the
proceedings in the local courts,
explained that on the day of the hearing, the Prosecutor
had two witnesses ready to testify; that the Applicant indicated that he had the indictment
19 See in this regard: International Criminal Tribunal for Former Yugoslavia:
96-21 A), Judgment on Appeal of 20 February 2001, para 607
42
In the Matter of Celebici
(IT-
=
Yee
&
@K