000t?G
88.
lt emerges from Article 2 of the Charter that:
"Every individual shall be entitled to the enjoyment of the rights and freedoms
recognised and guaranteed in the present charter without distinction of any kind
such as race, ethnic group, colour, sex, language, religion, political or any other
opinion, national and social origin, fortune, birth or any status."
89.
The principle of non-discrimination strictly forbids any differential treatment
among persons existing in similar contexts on the basis of one or more of the
prohibited grounds listed under Article 2 above.
90.
20
ln the instant case, the Applicant simply asserts that the court of Appeal
violated his right to freedom from discrimination. The Applicant does not indicate the
kind of discriminatory treatment that he was subjected to in comparison to persons
who were in the same situation as he was, nor does he specify the ground(s)
prohibited under Article 2 of the Charter on which basis he was discriminated. The
mere allegation that the Court of Appeal did not properly examine the evidence
supporting his conviction is not sufficient to find a violation of his right not to be
discriminated. The Applicant should have furnished evidence substantiating his
contention.
91.
ln view of the foregoing, the Court finds that the Applicant is not a victim of
any discriminatory practice that contravenes the right to freedom from discrimination
guaranteed under Article 2 of the Charter.
VIII.
92.
REMEDIES SOUGHT
ln his Application, the Applicant prayed the court to, among other things,
quash his conviction and set him free, grant other reparations and order such other
measures or remedies as it may deem fit.
20
See African Commission on Human and Peoples' Rights v. Republi
22
ent, para. 138