77.
The Court notes, that Article 3 of the Charter is closely related to Article 2 which
prohibits discrimination.** The Court also recalls that a cross-reading of the right
to equal protection of the law and the prohibition of discrimination implies that the
law provides for all and
sundry,
and that the law applies to all equally without
discrimination, that is, without distinguishing between persons or situations on the
basis of one or several unlawful criteria®*. Within the narrower context of judicial
proceedings, the right to equality before the law presupposes that "all are equal
before the courts and tribunals".*4
78. The Court notes, however,
that the enjoyment of rights and freedoms on equal
terms does not in all cases imply identical treatment.*5 The Court reiterates that
the
Applicant
having
alleged
discriminatory
treatment,
must
provide
proof
thereof. As it has established in its case-law, the Court notes besides, that, to
find that there has been a
violation of Article 3 of the Charter, the Applicant must
prove either that he has been discriminated against by the judicial authorities, or
that the national
legislation
allows for discriminatory treatment against
him
in
comparison with the treatment meted out to other persons in a similar situation.*”
79.
In the present case, the Court notes, in light of the national legislation, that no
discriminatory
treatment
has
been
allowed
against
the Applicant;
nor
has
he
proven that his situation was the same or similar to that of other people such that
he merits similar treatment.
32 See Werema Wangoko Werema and Waisiri Wangoko Werema v. United Republic of Tanzania (Merits)
(2018) 2 AfCLR 520, § 86; Tanganyika Law Society, Legal and Human Rights Center and Reverend
Christopher Mtikila v. United Republic of Tanzania (Merits) (2013) 1 AfCLR 34, § 105.
33 See Actions for the Protection of Human Rights v. Republic of Céte d'ivoire - Actions pour la Protection
des Droits de I'Homme (2016) 1 AfCLR 668, § 147.
%5Human Rights Committee, General Comment 18, Article 26: Principle of equality, Compilation of general
comments and General recommendations adopted by the treaty bodies, U.N. Doc. HRI\GEN \1\ Rev.1
(1994), § 8.
%6See also Kennedy Owino Onyachi and Others v. United Republic of Tanzania (Merits), 2 AfCLR 65 § 142.
Tanzania, § 85; and Sébastien Germain Ajavon v. Republic of Benin, ACHPR, Application No. 013/2017,
Judgment of 29/3/2019 (Merits), § 221.
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