000318
there is nothing on record showing that this is not the case with respect to the
Applicants.
88.The issue for determination then is whether the Applicants' conviction and, the
alleged refusal of the Court of Appeal to review their conviction amounts to a
violation of their right to equal protection of the law and equality before the law,
that is, whether the domestic courts have treated the Applicants in a discriminatory
manner while considering their case. ln the case of Abubakariv United Republic
of Tanzama, this Court held that "it is incumbent on the Party purporting to have
been a victim of discriminatory treatment to provide proof thereof'.17
89.1n the instant case, the Applicants merely allege that their conviction and the Court
o
of Appeal's dismissal of their application for review of their conviction reveal
discriminatory treatment. The Applicants do not state the circumstances in which
they were subjected to unjustified differential treatment in comparison to other
persons in
a similar situation.ls As this Court has stated in Alex Thomas
v
Tanzania, "general statements to the effect that a right has been violated are not
enough. More substantiation is required."le
90.The Court therefore dismisses the Applicants' allegation that their rights under
Article 3 (1) and (2) of the Charter were violated.
a
VIII.
REPARATIONS
91.|n their submissions, the Applicants pray the Court to quash both their conviction
and the sentence imposed on them and to set them at liberty, to redress the
violation of theirfundamental rights in accordance with Article 27 (1)of the Protocol
17
18
1e
Mohamed Abubakari v Tanzania Judgment, $ 153
tbid, s 154.
AlexThomasvTanzania Judgment, S 140.
27
o
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