56. The right to equality before the law and equal protection of the law,
enshrined under Article 3 of the Charter, is closely related to the right to
protection against discrimination, protected in Article 2 of the Charter.17 The
right to equality before the law requires that “all persons shall be equal
before the courts and tribunals.”18 The two key precepts in Article 3 are that
the entities in charge of applying the law must do so equally with respect to
all and that the law itself must treat everyone equally.19
57. In relation to the Applicant’s allegations, the Court recalls that the burden of
proof for a human rights violation lies with he/she that alleges.20 In the
instant Application, the Court observes that the Applicant has made a
general allegation that his right to equality before the law and equal
protection of the law was violated simply from the fact that his co-appellants
were acquitted. He, however, neither makes specific submissions nor
provides evidence to demonstrate that the acquittal of his co-appellants was
a violation of his right to equality and equal protection of the law.
58. The Court notes, from the record, that the domestic courts assessed the
evidence against each of the persons accused of the murder of Henry
Mwakajila at an individual level and drew conclusions applicable to each
accused person separately. In the circumstances, the Court finds that there
is no basis for it to conclude that there was a violation of the Applicant’s right
to equality and equal protection of the law.
59. The Court, therefore, dismisses the Applicant’s allegation of the violation of
his rights under Article 3 of the Charter.
17
African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9, § 138.
18 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, §§ 84-85.
19 XYZ v. Republic of Benin (merits and reparations) (27 November 2020) 4 AfCLR 49, § 151.
20 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.
15