62. As the Court has previously emphasised, the essence of Article 2 of the Charter is to proscribe differential treatment of individuals found in the same situation on the basis of unjustified grounds.27 However, whenever there is an allegation of differential treatment on grounds proscribed by the Charter, the person making the allegation bears the duty of substantiating the allegation. In the instant Application, however, the Applicants make a general allegation that they were discriminated against without offering any evidence in support of their allegation. 63. In the circumstances, the Court finds the Applicants’ allegations unfounded and, accordingly, dismisses them. B. Alleged violation of the right to equality and equal protection of the law 64. The Applicants submit that the Respondent State violated their rights because the police officers who investigated their case were the same officers who arrested them and recorded their caution statements thereby making their conduct partial “as it violated and denied the Applicants their rights to equality before the law and the entitlement to equal protection of the law.” * 65. In response to the Applicant’s averments, the Respondent State argues that “police officers are empowered by law to conduct investigation of crimes including arresting a suspect, interviewing them and taking down their statements.” It also contends that the Applicants’ arrest and investigation were conducted in line with section 10(1) and 10(3) of the Criminal Procedure Act which permit police officers to conduct investigations, arrest suspects and record statements.28 It also points out that the caution 27 Ibid, § 95. The Criminal Procedure Act provides as follows: Section 10(1) Where, from the information received or in any other way, a police officer has reason to suspect the commission of an offence or to apprehend a breach of the peace he shall, where necessary, proceed in person to the place to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and arrest of the offender where the offence is one for which he may arrest without warrant and Section 10(3) Any police officer making an investigation may, subject to other provisions of this Part, examine 28 17

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