68. The Court recalls that the burden of proof for a human rights violation lies
with the Applicant, unless the Court decides otherwise. 25 In the instant
matter, the Court observes that the Applicant alleges that the Respondent
State violated his right to equal protection of the law protected under Article
3(2) of the Charter, without expounding the basis thereof. The Court further
notes that the Applicant was able to make use of all the legal remedies
available to him and that he was able to defend himself in accordance with
the protections provided by law.
69. In these circumstances, the Court finds that the Applicant has failed to
prove the alleged violation and holds that the Respondent State did not
violate his right to equal protection of the law protected under Article 3(2) of
the Charter.
C. Alleged violation of the right to dignity
70. The Applicant alleges that upon his arrest he was treated inhumanely and was
tortured, in violation of his right to dignity protected under Article 5 of the
Charter.
*
71. The Respondent State contends that it did not violate the Applicant’s right to
dignity and submits that the Applicant should be put to strict proof thereof. The
Respondent State avers that the Applicant was accorded all of his rights.
***
72. The Court reiterates, as earlier stated, that the burden of proof of a human
rights violation lies with the Applicant, unless otherwise decided by the Court.
In the instant Application, the Applicant claims that the Respondent State
violated his rights to dignity, protected under Article 5 of the Charter, as he
25
Sijaona Chacha Machera v. United Republic of Tanzania, ACtHPR, Application No. 035/2017
Judgment of 22 September 2022 (merits), § 82; Yassin Rashid Maige v. United Republic of Tanzania,
ACtHPR, Application No. 018/2017 Judgment of 5 September 2023 (merits and reparations), § 124.
18