143. In such circumstances, "neither party is alone in bearing the burden of proof'34 and the determination of the burden of proof depends on "the type of facts which it is necessary to establish for the purposes of the decision of the case" 35 It is therefore for this Court to evaluate all the circumstances of the case with a view to establishing the facts. 144. In the instant case, the Applicants simply assert that they were detained for four days in a police cell without food and access to the external environment. Given the particular condition of their detention, the Court understands that it may be difficult for them to prove their contention. 145. Nevertheless, the Applicants have not submitted any prima facie evidence to support their allegation which could enable the Court to shift the burden of proof to the Respondent. The Court recalls that the Applicants had lawyers both at the Magistrate's Court and the High Court and there is nothing on record to show that they raised the matter before the courts of the Respondent or communicated the condition of their detention to their lawyers, or their government. 146. In view of the foregoing, the Court finds that the allegation lacks merit and is hereby dismissed. D) Allegation of violation of Article 3 of the Charter i) Applicants' Submissions 147. The Applicants generally allege without providing specifics, that the Respondent has violated their right under Article 3 of the Charter. ii) Respondent's Submissions 148. The Respondent maintains that Articles 12 and 13 of the Constitution of the United Republic of Tanzania firmly guarantee these rights and that the 34 Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), International "\/GCourt of Justice, Judgment of 30 November 2010, para. 56 35 Ibid, paras. 54-55 ~ ~ 38 \/401 ../. / ~