51. Plaintiff pleads the violation of the right to equat protection
under the law, on the ground that the Republic of Burkina Paso kept
him in police custody beyond the legally approved period.
52. Counsel to the Republic of Burkina Paso did not react to this
claim.
- Legal analysis by the Court.
.53. Article 3.2 of the Charter provides: « (... )every individual shall be
entitled to equal protection of the law. >>
•
•
.54. As the Court had already made it abundantly clear in its
Judgments in 1 both the Coordination Nationale des Délégués
Départementaux de la Filière Café Cacao v. Republic of Cote
d'lvoire of 17 'December 2009 (§55) and Professor Etim Moses
Essien v. Republic of the Gambia of 29 October 2007 (§31) cases,
equality before the law presupposes that equal treatment be
accorded people finding themselves in similar situations. Thus,
examining the allegation of the violation of the principle of equality
requires that, at least two similar legal situation be put side by side,
so as to compare, and find out whether an equal treatment was
concretely meted out to either one or both of them. In the instant
case, Plaintiff does not report any judicial situation that he is
comparing with his own situation, to which the Republic of Burkina
Paso applied different laws; he only brings to knowledge of the
Court, his own situation. Consequently, the Court holds that the
claim on the alleged violation of Article 3.2 of the Charter is ill founded, therefore, it cannot prosper.
l'
f'
. . , ,:
" ' .-.
B- On the request for immediate release and cessation of all
forms of proceedings against him.
- Plaintiff
55. Considering all the alleged violations, Plaintiff pleads with the
Court to order his immediate release, as well as the cessation of all
proceedings against him.
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