Applicant’s assertions that she hired them to commit the murder,93 and the
police belief that she hired the Applicants to commit the murder, no link has
been established between them and Mama Mboya. The Court therefore
finds no basis for the Second Applicant’s claim that he was discriminated
against on account of his nationality and refugee status.
191. Accordingly, the Court holds that the Respondent State did not violate the
Second Applicant’s right not to be discriminated against on the basis of
national origin and refugee status, provided for under Article 3(2) of the
Charter on equal protection of the law.
D. Alleged violation of the right to equal protection of the law
192. Under this claim, the Applicants allege that their right to equal protection of
the law was violated by the Respondent State when it:
i.
Failed to provide them with consular services.
ii.
Failed to provide interpretation services during the trial
iii. Failed to provide them with effective legal representation as envisaged
under (Article 7(1)(c) of the Charter as read together with Article 14(3)(d)
of the ICCPR.
*
193. The Respondent State on its part avers that the Applicants were treated
with equality before the law and afforded equal protection before the law.
Their trial was held within a reasonable time and they were afforded the right
to be represented by two different counsel, during the preliminary hearing
and during the trial, as reflected in the record of proceedings of the trial.
***
93
Unsigned Accused’s Confession Before a Justice of Peace dated 10 th May 1999. Habyalimana
averred that Abdulkarim “told me that he had a deal and he asked me if I can do it. He told me openly
that the wife of Mboya wants my help to kill someone. I asked him what his tribe was and what
misunderstanding was there. He said that Mboya was about to chase him away because of their
relationship with that woman. I asked him how much money did they agree to pay, he told me it was
TSH 400,000”.
54